Nagendra Baitha And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31188 of 2015 Arising out of P.S. Case No. -11 Year- 2013 Thana - BATHNAHA District- SITAMARHI ========================================================

1. Nagendra Baitha Son of Late Dukharan Baitha.

2. Brij Mohan Baitha Son of Nagendra Baitha.

3. Bikau Rai Son of Late Budhan Rai.

4. Harihar Rai Son of Late Budhan Rai.

5. Arjun Rai Son of Bikau Rai.

6. Kunkun Rai @ Kunkun Patel Son of Ram Swaroop Rai.

7. ChunChun Rai Son of Ram Swaroop Rai.

8. Nand Lal Rai Son of Late Hira Lal Rai.

9. Jagdish Rai Son of Late Garati Rai, All resident of village - Khairvi, P.S. Bathnaha, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar, Adv.

For the Opposite Party/s : Mr. Ashok Kumar Singh-I, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-07-2015 The Petitioners seek quashing of the order of non-discharge dated 25.05.2015 passed by the Additional Sessions Judge-III, Sitamarhi in S.Tr. No. 562 of 2014 arising out of Bathnaha P.S. Case No. 11 of 2013. Considering that the Petitioners seek discharge on disputed questions of fact which can not be gone into at the stage of Section 482 Cr.P.C., I am not inclined to interfere in the matter.

The application stands dismissed.

The Trial Court is directed to expedite the trial

Patna High Court Cr.Misc. No.31188 of 2015 dt.13-07-2015 and conclude the same without granting unnecessary adjournment to any party and for which reason he is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Sitamarhi, and the Superintendent of Police, Sitamarhi is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.) U T