Shree Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52967 of 2017 Arising Out of PS.Case No. -136 Year- 2011 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Shree Manjhi, Son of Vasudev Manjhi, Resident of Village- Lal Pahari, P.S.- Lakhisarai, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mrigendra Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S.T. No.686/2011 arising out of Lakhisarai (Kabaiya O.P.) P.S. Case No.136 of 2011 registered under Section 302 of the Indian Penal Code.

The petitioner is said to have committed murder of his wife by assaulting her by the 'Tangi' taking her to his house. It is submitted by learned counsel for the petitioner that there is no eye witness of the occurrence and there is no any demand made by the petitioner and also there is no motive behind occurrence. The petitioner has been languishing in custody since 7.4.2011. After examining the informant in the case on 16.2.2012, no prosecution witness has been examined up till now.

Patna High Court Cr.Misc. No.52967 of 2017 (4) dt.12-12-2017 2/2 From perusal of the record, it appears that the report was called for from the learned Court concerned and from the S.P., Lakhisarai regarding status of the case and from the said report, it appears that the informant of the case has been examined by the prosecution and next date fixed is 21.12.2017 in the case. The S.P. Lakhisarai has reported that all the witnesses have been directed to appear before the Court on the date fixed and they will be produced before the Court on three-four date fixed by the Court.

In view of the above facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail and this prayer for bail is rejected.

The learned lower Court is directed to dispose of the Sessions Trial No.686/2011 arising out of Lakhisarai (Kabaiya O.P.) P.S. Case No.136 of 2011 preferably within two months from 21.12.2017 positively and S.P., Lakhisarai is also directed to produce the witnesses in the Court as per his commitment. The petitioner may renew his prayer for bail on nonconclusion of the trial within the stipulated period. (Prakash Chandra Jaiswal, J) Sanjeev/- U