Patna High CourtCR. MISC./29379/2017dismissed

Kalo Singh v. The State Of Bihar

2017-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29379 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Kalo Singh, son of Bobhi Singh @ Domi Singh, resident of Village- Terasi Peerpahar , P.S.- Muffasil, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 46 of 2017, arising out of Muffasil P.S.Case No. 229 of 2016 registered for the offences punishable under Sections 302, 324, 120B/34 of the Indian Penal Code and 3/4 of Witch Craft Act.

Allegation as per FIR is that petitioner and his wife caught hold of the deceased and brother of the petitioner has cut the head of the deceased in two pieces.

It has been submitted on behalf of the petitioner that there is no allegation of assault against the petitioner and furthermore there is no eye-witness to the occurrence and he has falsely been implicated in this case and he is in custody since

Patna High Court Cr.Misc. No.29379 of 2017 (3) dt.24-07-2017 2/2 18.10.2016.

Heard learned APP also.

Having heard both sides and in view of active participation of the petitioner in the crime, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected. Learned trial court is directed to expedite the trial and try to conclude it within nine months and at the same same, Superintendent of Police, Munger is directed to ensure the presence of the witness in court on the date fixed so that the trial be concluded within the said period.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U