Chandra Shekhar Yadav @ Chandra Shekhar @ Chandeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1977 of 2018 Arising Out of PS.Case No. -163 Year- 2013 Thana -KATORIA District- BANKA =========================================================== Chandra Shekhar Yadav @ Chandra Shekhar @ Chandeshwar Yadav, Son of Singheshwar Yadav, Resident of Village- Mohapatta, P.S.- Katoria, DistrictBanka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has moved the Court for grant of bail in Katoria P.S. Case No. 163 of 2013 instituted under Sections 304B/34 of the Indian Penal Code.

3. This is the second attempt for bail as earlier such prayer was rejected by order dated 23.06.2014 in Cr. Misc. No. 9053 of 2014.

4. In view of what has been recorded in the earlier order and the fact that body of the victim bore bruises, the Court is not inclined to enlarge the petitioner on bail as no mitigating circumstances has been shown since the last order except for passage of time.

Patna High Court Cr.Misc. No.1977 of 2018 dt.21-03-2018 2/2

5. Accordingly, the application stands dismissed.

6. However, as the petitioner has been in custody for quite some time, the Court below is directed to expedite the trial and conclude the same latest within a period of six months from today.

7. The Court would only indicate that the report submitted earlier by the trial Court dated 29.01.2018, stating that at least three months is likely to be consumed to conclude the trial and this Court granting it six months from today, the trial Court shall ensure that the time fixed by this Court is not exceeded and the trial is concluded within the time frame, failing which this Court may be constrained to take a strict view in the matter. Further, the Superintendent of Police, Banka is also directed to ensure that the prosecution witnesses, who remain to be examined are produced before the trial Court for such examination, if already not so done, on the dates fixed. The trial Court would also ensure that short dates are fixed in the matter.

9. Registry shall communicate the order to the Court below as well as Superintendent of Police, Banka, through Fax also latest by tomorrow.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T