Patna High CourtCR. MISC./56970/2017rejected

Satyawarat Bharti v. The State Of Bihar

2018-01-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56970 of 2017 Arising Out of P.S.Case No. -154 Year- 2013 Thana -JAMUI District- JAMUI ====================================================== Satyawarat Bharti, Son of Sri Rajendra Prasad, Resident of Bangali Para Jamtara Road, P.S.- Nirsa, District- Dhanbad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP For the deceased's Father : Mr. Ram Vinay Pd. Singh (Sanjay), Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No.171 of 2016, arising out of Jamui P.S. Case No.154 of 2013, registered for the offence punishable under Section 302/34 of the Indian Penal Code. The Presiding Officer has submitted the report that Jail Superintendent, Mandal Kara, Jamui, has died and the Investigating Officer, who is the main witnesses of the case, is still to be examined.

In such view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, this Court directs the Superintendent of Police,

Patna High Court Cr.Misc. No.56970 of 2017 (3) dt.17-01-2018 2/2 Jamui, to ensure the production of Investigating Officer as a prosecution witness on the next appointed date of the trial. In failure of production, this Court would treat the same as contempt of the Court and will initiate a proceeding of contempt against Superintendent of Police, Jamui.

Let this order be communicated to the Superintendent of Police, Jamui.

After over of the prosecution witness, the petitioner will be given a chance to produce his defence witness. (Shivaji Pandey, J) pawan/- U T