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Patna High CourtCR. APP (SJ)/873/2020dismissed

Ghanshyam Chauhan v. The State Of Bihar

2020-06-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.873 of 2020 Arising Out of PS. Case No.-161 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== Ghanshyam Chauhan, aged about 26 years, male, Son of Suresh Chauhan @ Petu Chauhan, Resident of Village - Laxmipur, Police Station - Ariyari, District - Sheikhpura.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bipin Kumar, Adv.

For the Respondent/s :

Ms. Usha Kumari-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2020 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Ms. Usha Kumari-1, learned APP for the State.

This appeal is directed against the order dated 29.03.2019 passed by the learned 1st Additional District and Sessions Judge, Sheikhpura in connection with SC/ST Case No. 123 of 2018 arising out of Ariyari (Kassar) P.S. Case No. 161 of 2018, registered for the offences under Sections 341, 323, 324, 307/302, 504 and 506/34 of the Indian Penal Code and Section 3(ii) (va) 3(R) (S)W(ii) of the Scheduled Castes & Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.873 of 2020(3) dt.01-06-2020 2/2 Atrocities) Act, 1989, whereby the prayer for grant of bail of the appellant has been rejected.

According to the First Information Report, the appellant is said to have assaulted the deceased by means of dagger. Later, with the death of the deceased, Section 302 of the Indian Penal Code was added.

It appears from the records that the charges have been framed in this case. However, it has been submitted that till the filing of this appeal, no witness had been examined.

Regard being had to the facts aforestated, I am not inclined to interfere with the impugned order. The appeal is dismissed.

The Trial Court is directed to expedite the trial and conclude it within a period of one year from the date of receipt/production of a copy of this order.

(Ashutosh Kumar, J) Praveen-II/- U T