Patna High CourtCR. MISC./38446/2014disposed

Rajesh Kumar @ Rajesh Kumar Mandal v. The State Of Bihar

2015-07-29Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38446 of 2014 Arising Out of PS.Case No. -172 Year- 2012 Thana -FALKA District- KATIHAR ====================================================== Rajesh Kumar @ Rajesh Kumar Mandal Son of Shree Aniruddh Mandal resident of Village - Rahta, Police Station - Falka, District - Katihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 304B, 498A and 302/34 of the Indian Penal Code and that the petitioner is the husband, this Court is not inclined to grant regular bail to the petitioner.

The petitioner is in custody since 25.7.2012 i.e. for a period over three years and the trial of the petitioner as per his own averment in paragraph no.15 of the bail application has already commenced wherein at least eight witnesses have already been examined.

That being so, this Court while rejecting the prayer for regular bail of the petitioner it would still direct the trial court to ensure that the trial of the petitioner in connection with Falka P.S.Case No. 171/2012 is concluded expeditiously, preferably within a

Patna High Court Cr.Misc. No.38446 of 2014 (2) dt.29-07-2015 period of nine months from the date of receipt of this order. The Superintendent of Police, Katihar is also directed to ensure that the remaining prosecution witnesses, if not already made to appear, must be produced before the trial court within a period of four months from the date of receipt of this order. With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be sent not only to the trial court but also to the Superintendent of Police, Katihar for its compliance in letter and spirit.

(Mihir Kumar Jha, J) surendra/- U