Bindeshwari Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20574 of 2020 Arising Out of PS. Case No.-6 Year-2010 Thana- KATHAIYA District- Muzaffarpur ====================================================== Bindeshwari Lal Sah Son of Bati Lal Sah, Resident of Village - Srirampur, P.S.- Kathaiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-11-2020 Heard Mr. Mukund Mohan Jha, learned counsel for the petitioner and Mr. Ajay Kumar Jha, learned counsel for the State through Video Conferencing.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 543 of 2018, arising from Kathaiya P.S. Case No. 6 of 2010 registered for offence punishable under section 302/34 of the Indian Penal Code. In this case, allegation has been made that Bhabhu of the petitioner in order to save her life, entered into the house of the informant whereupon accused persons chased her and came to the door of the informant and the petitioner gave a lathi blow, on saying why was permitted to enter into his house, which hit one year old of his daughter who died subsequently. Earlier the petitioner has moved before this Court in

Patna High Court CR. MISC. No.20574 of 2020(4) dt.13-11-2020 2/2 Cr. Misc. No. 25725 of 2012 and this Court, vide order dated 26.07.2012, rejected the bail of the petitioner. This Court, vide order dated 01.09.2020, directed to send the present stage of trial of S. Tr. No. 543 of 2018, arising out of Kathaiya P.S. Case No. 6 of 2010 and from the status report it appears that no one has been examined out of 10 prosecution witnesses.

Learned counsel for the petitioner submits that the petitioner has been languishing in jail since 08.08.2018 for about two years.

This Court directs the court below to expedite the trial and conclude the same, preferably within one year, failing which, the court below will give an explanation why they failed to complete the trial.

With the above observation/direction, this bail application is dismissed.

(Shivaji Pandey, J) Mahesh/- U T