Hariom Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13731 of 2015 Arising Out of PS.Case No. -74 Year- 2012 Thana -HASPURA District- AURANGABAD ======================================================
1. Hariom Kumar S/o Rajendra Prasad Singh Resident of Village Sohar Bigha, P.O. Chaurahi, P.S. Haspura, District Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 29-10-2012 and is facing trial in a case, in which,, charge under Section-302 of the Indian Penal Code has been framed against him for committing the murder of his wife.
The trial court has reported that out of 21 charge-sheeted witnesses, 12 witnesses have already been examined and the case is pending for evidence of rest witnesses, including the I.O. and the doctor. Considering the facts and circumstances of the case as well as submission of the parties, I do not feel it
Patna High Court Cr.Misc. No.13731 of 2015 (3) dt.03-07-2015 2/2 proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 199 of 2012 arising out of Haspura P.S. case No. 74 of 2012 pending in the court of learned Additional Sessions JudgeIst, Aurangabad stands rejected. However, learned trial court is directed to conclude the trial of the petitioner within six months from the date of receipt/production of copy of the order, even by taking the trial of the petitioner on day-to-day basis. However, it is made clear that if, the trial court fails to conclude the trial of the petitioner within the abovesaid period of six months, the petitioner may renew his prayer for bail in the court below itself.
(Hemant Kumar Srivastava, J) A.K.V./- U T