Amar Singh @ Amarjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16700 of 2017 Arising Out of PS.Case No. -1321 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Amar Singh @ Amarjit Singh, S/o Dhannu Singh, R/o Village- Naikagaon, P.S.- Sasaram (T), District- Sasaram, Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Digvijay Kumar Ojha, Advocate. For the Opposite Party : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.04.2016 in connection with Sasaram (M) P.S. Case No. 1321 of 2015 for the offences instituted under Section 302, 201, 120(B)/34 of the IPC.

The allegation is that the accused persons including the petitioner after hatching conspiracy have committed murder of the informant's brother and hanged the dead body from the tree. The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 27491 of 2016 dated 18.10.2016 taking into account that the petitioner had illicit relationship with the wife of

Patna High Court Cr.Misc. No.16700 of 2017 (4) dt.10-05-2017 2/3 the deceased and for the said motive, he had committed murder of the deceased. The said fact was supported from the statements of the witnesses made in paragraph nos. 47, 48, 49 and 90 of the case diary. The C.D.R. report also suggested that the wife of the deceased and the petitioner were in consistent touch with each other and on the alleged date of occurrence also they had talked. The post mortem report indicated that after strangulation, the dead body was hanged in the tree by the side of the house of this petitioner.

A report was called for from the court below regarding the stage of the case. It has been reported that the charge has not yet been framed.

Considering the nature of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Sasaram (M) P.S. Case No. 1321 of 2015, pending in the court of the learned C.J.M., Rohtas.

The court below is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of copy of the order. The District Magistrate, Rohtas at Sasaram and the Superintendent of Police, Rohtas at Sasaram are also directed to ensure that during the trial the prosecution witnesses be produced

Patna High Court Cr.Misc. No.16700 of 2017 (4) dt.10-05-2017 3/3 on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Rohtas at Sasaram and the Superintendent of Police, Rohtas at Sasaram.

(Sudhir Singh, J) U.K./- U T