Patna High CourtCR. MISC./39546/2017rejected

Krishna Bind v. The State Of Bihar

2017-10-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39546 of 2017 Arising Out of PS.Case No. -69 Year- 2014 Thana -OBRA District- AURANGABAD ======================================================

1. Krishna Bind Son of Mahabir Bind Resident of Village Bel Tole Bahadur Bigha, P.S. Obra, District- Aurangabad (Bihar) .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar, Adv. For the Opposite Party : Mr. Akshay Lal Pandit, APP 75 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-10-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 43 of 2015/504 of 2015 arising out of Obra P.S. Case No. 69 of 2014 registered under Sections 304B, 201 and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected earlier on 21.04.2015 passed in Cr. Misc. No. 7692 of 2015. The learned counsel for the petitioner submits that the petitioner is in jail for more than three years, but, the trial has not yet been concluded.

It appears, from the perusal of the record that there is allegation against the petitioner that he burnt his wife and a minor child to death.

Considering the allegation, made against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for bail is rejected.

The report of the Ad-hoc Additional Sessions Judge, Fast Track Court, VII, Aurangabad, has been received, in which it has been stated that two witnesses have been examined. The trial

Patna High Court Cr.Misc. No.39546 of 2017 (3) dt.11-10-2017 2/2 Court is directed to hold the trial on day-to-day basis and conclude the same within six months, from the date of receipt of this order. The Superintendent of Police, Aurangabad, is directed to ensure the appearance of the non-examined witnesses of Sessions Trial No. 43 of 2015/504 of 2015 arising out of Obra P.S. Case No. 69 of 2014 so that the trial must be concluded within the stipulated time.

Let a copy of this order be sent to the learned trial Court and the Superintendent of Police, Aurangabad, for information and needful.

It is, further, made clear that if on any date the Superintendent of Police, Aurangabad, fails to present the witness(es), the learned trial Court shall inform this Court and if the trial is not concluded within the stipulated time, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) SA/- U √ T √