Pritha Singh @ Prithvi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15126 of 2024 Arising Out of PS. Case No.-430 Year-2017 Thana- KORHA District- Katihar ====================================================== Pritha Singh @ Prithvi Singh, son of late Gulcharan Singh, resident of Village- Shishia PS- Kodha Dist- Katihar ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Ms. Punam Kumari Singh, Advocate For the Opposite Party :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is second attempt on behalf of the petitioner for grant of regular bail arises out of Kodha P.S. Case No.430 of 2017 (Sessions Trial No.152 of 2018) registered for the offence punishable under Section 302 of the Indian Penal Code. Earlier, the prayer of the petitioner for bail has been rejected vide order dated 28.06.2018 passed in Criminal Miscellaneous No.29279 of 2018.

3.

The petitioner is alleged to have killed the son of the informant who is aged about 12 years. 4.

In trial, all the prosecution witnesses have been examined and the trial is not being concluded because the postmortem report of the deceased is not on record. 5.

Considering the nature of allegation levelled

Patna High Court CR. MISC. No.15126 of 2024(2) dt.12-03-2024 2/2 against the petitioner and also the fact that all the prosecution witnesses have been examined, I am not inclined to grant bail to the petitioner. Accordingly, this bail application is rejected. 6.

The trial is being delayed because of nonproduction of the postmortem report of the deceased by the prosecution. If the postmortem report of the deceased is available, the Superintendent of Police, Katihar shall produce the same in the trial court. If the Superintendent of Police finds that there is no postmortem report then he will submit a report to that effect in the trial court.

7.

Let a copy of this order be communicated to the Superintendent of Police, Katihar forthwith through FAX or e-mail for its compliance.

8.

Sri Jharkhand Upadhyay, learned APP for the State will coordinate with the Superintendent of Police, Katihar so that the postmortem report is produced in the trial court at the earliest.

(Sandeep Kumar, J) pawan/- U T