Patna High CourtCR. MISC./15125/2015disposed

Shankar Rajak v. The State Of Bihar

2015-06-22Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15125 of 2015 Arising Out of PS.Case No. -13 Year- 2012 Thana -SULTANGANJ District- PATNA ====================================================== Shankar Rajak S/o Ganesh Rajak Resident of Mohalla - Nala Road, P.S. Kadamkuan, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Shahin Begum(App) CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard learned counsel for the petitioner and the State. The petitioner is facing charge punishable under section 366-A IPC. From annexure-1, it appears that on two occasions his prayer for bail was refused. By the last order dated 08.05.2014 this Court while rejecting the prayer directed the trial court to conclude examination of all the witnesses within a period of six months.

Counsel for the petitioner with reference to the averment made in paragraph 10 of this application submits that the prosecution has not till date produced the last witness, whereas the petitioner continues to suffer incarceration since 08.02.2012. Considering the aforesaid fact, this Court while declining the prayer, disposes of this application by the following

Patna High Court Cr.Misc. No.15125 of 2015 (2) dt.22-06-2015 2 / 2 order:- Let the court in seisin of the matter conclude examination of all the prosecution witnesses within two months from the date of receipt/production of a copy of this order failing which the petitioner abovenamed shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Vth Addl. Sessions Judge, Patna City in S.Tr. No. 585 of 2012 (Sultanganj P.S. Case No. 13 of 2012) subject to the condition that he shall continue to appear in person before the court below on all dates fixed thereat.

(Kishore Kumar Mandal, J) HR/- U