Patna High CourtCR. MISC./52581/2017disposed

Amarjeet Prajapati v. The State Of Bihar

2017-11-14Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.52581 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52581 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================

1. Amarjeet Prajapati, Son of Late Munna Prajapati, Resident of VillageDihari, P.S.- Rajpur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Bihari For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 80 of 2017, registered for offences punishable under Sections 302, 307 and 34 of the Indian Penal Code.

Allegation against the petitioner is of assault to the father of informant by means of rod causing his death. It has been submitted on behalf of the petitioner that a land dispute is going on between the parties and a title suit is also pending. Further there is case and counter case between the parties and though there is allegation of assault, however, there was no intention of the petitioner to kill the deceased, which will appear from the fact that only one blow was given to the deceased. Further petitioner has been in custody since 19.06.2017.

Patna High Court Cr.Misc. No.52581 of 2017 (2) dt.14-11-2017 Learned counsel for the State opposed the prayer for bail and submitted that there is direct allegation against the petitioner of assaulting the deceased by means of iron rod. Having heard both sides, considering the facts and circumstances of this case, at this stage, I am not inclined to release the petitioner on bail rather this application is disposed of with direction to the trial court to expedite the trial and try to conclude it within a period of seven months and if the trial is not concluded within the aforesaid period, the trial court shall release the petitioner on bail to his own satisfaction with condition that petitioner shall cooperate in the disposal of trial and shall make himself available as and when required by the court. (Vinod Kumar Sinha, J) sunil/- U T