Md. Juman Shah @ Md. Jumman Shah @ Juman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5293 of 2018 Arising Out of PS.Case No. -43 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Md. Juman Shah @ Md. Jumman Shah @ Juman Sah Son of Md. Kamrul Shah Resident of Village-Narkatiya Bangla Pokhar P.S.- Rajnagar, District-Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Rajnagar P.S. Case No.43 of 2017, a case under Sections 147/149/341/323/448/302/504 of the Indian Penal Code, pending in the Court of Mr. Vikash Jha, learned Judicial Magistrate, 1st Class, Madhubani.

Allegation against the petitioner is that he assaulted with bamboo stick at the head of his brother Md. Gaffar, the husband of the informant, as a result whereof Md. Gaffar died. The post mortem report is consistent with prosecution allegation as the doctor has found head injury. Petitioner is in custody since 07.03.2017.

Patna High Court Cr.Misc. No.5293 of 2018 (3) dt.16-03-2018 P2/ Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order.

(Birendra Kumar, J) Mkr./- U T