Santosh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50825 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -EKMA District- SARAN ======================================================
1. Santosh Mahto Son of Ram Chandra Mahto, R/o Village- Bhundhary, P.S.- Ekma, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 Earlier prayer for bail of the petitioner was rejected, vide order, dated 06.03.2017, passed in Cr. Misc. No. 296/2017, on the ground that the petitioner is the main assailant of the deceased.
A report was called for from the lower court, wherein it has been stated that charge has been framed in this case. The court below has submitted that he will make effort to conclude the trial within a year.
Since there is specific allegation against this petitioner that he assaulted the mother of the informant on her head, on account of which, she sustained injury and became unconscious and thereafter, in the way to hospital she died, this Court is not inclined to enlarge the petitioner, above named, on
Patna High Court Cr.Misc. No.50825 of 2017 (3) dt.15-11-2017 2/2 bail. Accordingly, the bail petition of the petitioner is again rejected.
The court below is directed to expedite the trial since petitioner is in custody from 20.07.2016 and make all efforts to conclude the same in accordance with law as early as possible preferably within a period of nine months from the date of receipt/production of copy of this order.
The petitioner is directed to renew his prayer for bail in the court below itself, in the event the trial is not concluded within the aforesaid period which shall be disposed of by court below in accordance with law. The court below will give reason for not disposing of the trial within the aforesaid period. (Sanjay Priya, J.) Rakhi U