Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13786 of 2015 Arising Out of PS.Case No. -89 Year- 2012 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Lakhan Yadav S/o Marachhu Yadav R/o village - Raja Baigha, P.S. - Rafiganj, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

The victim stated in her statement that petitioner lit fire on her person. Admittedly, the victim died in course of her treatment and her statement appears to be her dying declaration. The trial of the petitioner has already commenced. Therefore, I am not inclined to grant privilege of bail to the petitioner and accordingly, his prayer for bail in connection with Rafiganj P.S.Case No. 89 of 2012, pending in the court of Adhoc Additional Sessions Judge-I, Aurangabad stands rejected. However, learned trial court is directed to expedite the trial of the petitioner even by taking his trial on day to day basis because he is languishing in jail custody since 24.08.2012. The

Patna High Court Cr.Misc. No.13786 of 2015 (3) dt.26-06-2015 2/2 learned Sessions Judge, Aurangabad is directed to ensure the disposal of the above stated sessions trial as early as possible. Let a copy of this order be sent to Superintendent of Police, Aurangabad with direction to him to ensure the presence of prosecution witness before the trial court as early as possible. Namita/- (Hemant Kumar Srivastava, J) U T