Manoj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20941 of 2017 Arising Out of PS.Case No. -45 Year- 2010 Thana -JAMALPUR District- MUNGER ====================================================== Manoj Singh S/o Sri Company Singh, Resident of Village- Rampur, P.S.+ Post- Jamalpur, District- Munger.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shree Ganesh For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Jamalpur P.S.Case No. 45 of 2010 registered for the offences punishable under Sections 364/34 of the Indian Penal Code but charge-sheet has been submitted under Sections 364, 302 and 201/34 of the IPC.
Allegation against the petitioner is that he has kidnapped the son of the informant and thereafter the kidnapped boy was found dead.
It has been submitted on behalf of the petitioner that except that he was seen going along with kidnapped boy there is nothing against him and he is in custody for last one year. It has further been submitted that one of the co-accused has been granted bail in Cr.Misc.No. 18409 of 2015, vide order dated 9.9.2015 by a co-ordinate Bench of this Court.
Heard learned APP also, who has opposed the prayer
Patna High Court Cr.Misc. No.20941 of 2017 (4) dt.07-07-2017 2/2 for bail stating that witnesses have seen this petitioner and other two accused persons going along with the deceased and thereafter his dead body was found and further petitioner is accused in a large number of cases.
Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.
However, as the petitioner is in custody for last one year, learned court below is directed to take steps for commitment of the case and after commitment trial must be concluded within a period of one year and at the same time, Superintendent of Police, Munger, is directed to ensure the presence of the witnesses in court on the date fixed. Further District Judge concerned is directed to see that the case is committed to the court of sessions and monitor the progress of case also, so that trial be concluded within the period specified.
With the above observations, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U