Patna High CourtCR. MISC./11229/2018rejected

Nityanand Jha v. The State Of Bihar

2018-04-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11229 of 2018 Arising Out of PS. Case No.-68 Year-2016 Thana- MADHEPUR District- Madhubani ====================================================== Nityanand Jha, Son of Lalan Jha, Resident of Village- Bhakhrain, PSMadhepur, District- Madhubani. ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is an accused in connection with Madhepur P.S. Case No. 68 of 2016, registered under Section 304(B) and 34 of the Indian Penal Code, pending in the court of Addl. Chief Judicial Magistrate-I, Jhanjharpur. Admittedly, the prayer for bail of the petitioner was refused on merit vide order dated 18.05.2017 passed in Criminal Miscellaneous No. 15099 of 2017 by this Court. A report, as called for, has been received to the Court of Addl. Session Judge-VI, Madhubani through letter No. 38, dated 24.03.2018, which indicates that out of 07 prosecution witnesses, 02 witnesses have been examined.

Patna High Court Cr.Misc. No.11229 of 2018(3) dt.18-04-2018 2/2 Having considered the facts and circumstances of the case, since the prayer for bail of the petitioner was earlier rejected by this Court on merit, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner for bail is rejected. However, learned Addl. Sessions Judge-VI, Madhubani is directed to conclude the trial of the petitioner within six months by taking all effective steps. If the trial of the petitioner is not concluded within the aforesaid period of six months, the petitioner would be at liberty to renew his prayer for bail.

Let the copy of this order be sent to the Addl. District and Sessions Judge-VI, Madhubani, for needful. (Rajendra Kumar Mishra, J) manish/- U T