Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6441 of 2017 Arising Out of PS.Case No. -70 Year- 2014 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Sanjay Singh, Son of Late Upendra Singh, Resident of Village- Basanbara, P.S.- Alamnagar, District- Madhepura.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Alok Kumar Singh, Advocate. For the Opposite Party : Mr. Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.08.2016 in connection with Alamnagar P.S. Case No. 70 of 2014 for the offences instituted under Section 302 of the IPC. Thereafter the charge sheet has been submitted under Sections 302, 120(B) of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 05.05.2014 at about 1 P.M. the petitioner came near the informant's sister-in-law (Bhabhi), namely, Chandni Devi, and fired shot on her, causing serious injury to her, while she was alone and during treatment, she died in P.M.C.H. on 06.05.2014.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.6441 of 2017 (3) dt.28-02-2017 2/3 petitioner is in custody since 30.08.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case due to previous enmity. The deceased has been done to death by her own husband. As per the postmortem report, fatal injury is on the head of the deceased.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. He is the main assailant causing the death of the deceased. There are two other cases of serious nature pending against the petitioner. Hence, in social interest, it would not be proper to release the petitioner on bail. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Alamnagar P.S. Case No. 70 of 2014, pending in the court of the learned S.D.J.M., Udakishunganj, Madhepura.

Anyhow, the learned 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, Madhepura and the Superintendent of Police, Madhepura, shall ensure that the prosecution witnesses are produced on the date fixed by the

Patna High Court Cr.Misc. No.6441 of 2017 (3) dt.28-02-2017 3/3 learned 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, Madhepura and the Superintendent of Police, Madhepura.

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