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Patna High CourtCR. MISC./37766/2016rejected

Sharavan Ram v. The State Of Bihar

2017-01-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37766 of 2016 Arising Out of PS.Case No. -106 Year- 2014 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Sharavan Ram Son of Doman Ram @ Bijendra Ram resident of village - Jamsari, P.S. Bind, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2017 Heard both sides.

The petitioner seeks bail in Bind P.S. Case No. 106/2014, registered for the offences punishable under Sections 304B, 120B and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 24.09.2015 passed in Cr. Misc. 23765/2015 and the trial court was directed to expedite the trial and conclude the same within six months, but the trial has not yet been concluded. Petitioner is in jail since 22.12.2014. There is specific allegation that it was the petitioner who was always torturing his wife and the wife set herself ablaze. Considering the facts aforesaid and nature of

Patna High Court Cr.Misc. No.37766 of 2016 (3) dt.11-01-2017 2/2 allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

The trial court has reported that ten witnesses have already been examined and only seven witnesses are to be examined.

The trial court is directed to hold the trial on day-to-day basis and conclude the same within four months from the date of receipt of this order. If the trial has not been concluded within four months, the petitioner may renew prayer for bail. The Superintendent of Police, Nalanda is directed to ensure the attendance of all the non-examined prosecution witnesses of Bind P.S. Case No. 106/2014 corresponding to Sessions Trial No. 408/2015 pending in the court of Rajesh Kumar Pandey, Additional District & Sessions Judge, Nalanda at Biharsharif, so that the trial must be concluded within four months.

Let a copy of this order be sent to the Superintendent of Police, Nalanda and the learned court below for information and needful.

(Prabhat Kumar Jha, J.) Vinita/- U T