Ritlal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50914 of 2017 Arising Out of PS.Case No. -31 Year- 2009 Thana -KHANPUR District- SAMASTIPUR ====================================================== Ritlal Mahto Son of Late Bhaso Mahto, R/o Village- Gopalpur, P.S.- Bacchwara, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 376/34 of the Indian Penal Code.

Earlier the prayer for bail of the petitioner was rejected by this court giving direction to trial court to expedite the trial and conclude the same within six months. The learned Sessions Judge, Samastipur has reported vide his letter no. 67/2017 dated 01.11.2017 that due to unavoidable circumstances trial could not be concluded within above stated period and moreover, except the investigating officer, almost all the prosecution witnesses have already been examined.

Patna High Court Cr.Misc. No.50914 of 2017 (3) dt.15-11-2017 2/2 The learned Sessions Judge has sought three months more time for disposal of Sessions Trial No. 362 of 2016.

Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 362 of 2016 arising out of Khanpur P.S. Case No. 31 of 2009 stands rejected. However, learned Sessions Judge, Samastipur should conclude the trial within the period as sought for by him in his letter no. 67/2017 dated 01.11.2017.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T