Shivshankar Thakur @ Chhotu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28886 of 2020 Arising Out of PS. Case No.-83 Year-2018 Thana- RUDRAPUR District- Madhubani ====================================================== SHIVSHANKAR THAKUR @ CHHOTU THAKUR Son of Rambahadur Thakur Resident of Village - Karnpur, P.S.- Rudrapur, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363, 302, 34 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was accompanying the deceased. In paragraph-62 of the case diary, one Puja Kumari has stated that the petitioner was the driver of the tempo. The deceased was taken away by the petitioner. In paragraph-50 of the case diary, it has been said that the driver of the tempo is said to have thrown the deceased from the tempo, as a result of which, she died. A report was called for from the trial. It has been reported that out of eight prosecution witnesses, four prosecution witnesses have already been examined and the trial is expected to be concluded within a period of three months. On behalf of the State, it is submitted that the petitioner is

Patna High Court CR. MISC. No.28886 of 2020(3) dt.03-02-2021 2/2 named in the Complaint Case/F.I.R.

Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 375 of 2019 arising out of Rudrapur P.S. Case No. 83 of 2018 is rejected.

Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of four months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Madhubani are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of four months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Madhubani for needful.

(Sudhir Singh, J) A.K.V.//- U T