Baldeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5512 of 2015 Arising Out of PS.Case No. -154 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Baldeo Rai Son of Lakhan Rai Resident of village - Karhari, Police Station - Bhagwanpur, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2015 Heard both sides.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 154/2014 registered for the offence under Section 302 and other sections of the Indian Penal Code.

The informant lodged FIR on seven persons and alleged that they all having arms came to his house and asked the informant as to why he became a witness in the case of his relative. Krishna Devi @ Usha Devi the wife of the informant came to rescue Baldeo Rai, the petitioner who is alleged to have given a lathi blow on the head of Kiran Devi @ Usha Devi and she fell down and became unconscious.

Learned Counsel for the petitioner submits that the occurrence is said to have taken place on 08.07.2014, but the FIR

Patna High Court Cr.Misc. No.5512 of 2015 (3) dt.24-03-2015 2/2 was lodged on 11.07.2014. There is inordinate delay in lodging the case. The petitioner is in jail since 23.07.2014. From perusal of the record, it appears that there is a very specific allegation against the petitioner that he assaulted the wife of the informant with lathi on her head and the single blow caused fatal injury and she died.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order, if the trial is not concluded within the stipulated period, the petitioner may move his prayer for bail firstly in the trial court. (Prabhat Kumar Jha, J.) Vinita/- U T