Devendra Singh @ Devender Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.5033 of 2015 (3) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5033 of 2015 Arising Out of PS.Case No. -79 Year- 2002 Thana -BARACHATTI District- GAYA ====================================================== Devendra Singh @ Devender Singh, Son of Ram Singar Singh, resident of village - Baglati, P.S. Mohanpur, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate. For the State : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Barachatti (Mohanpur) P.S. Case No. 79 of 2002 registered under Sections 304 B, 498A, 201 and 511/34 of Indian Penal Code. Earlier Prayer for bail of the petitioner was twice rejected i.e. vide orders dated 11.11.2011 and 20.06.2012 passed in Cr. Misc. No. 23638 of 2011 and Cr.Misc. No.21502 of 2012 respectively and while rejecting the prayer for bail of the petitioner, on the last occasion, this Court vide order dated 20.06.2012, directed the trial court to expedite the trial of the petitioner and try to dispose of the same at the earliest. Learned counsel for the petitioner points out that even

Patna High Court Cr.Misc. No.5033 of 2015 (3) dt.02-03-2016 after direction of this Court, only charge has been framed on 18.02.2016. It is horrible state of affairs that trial court has not respected the order dated 20.06.2012 passed by this Court and could not take initiative to procure the attendance of witnesses and even processes of summons and warrant have not been issued against the witnesses and trial court took it in lackadaisical manner, which shows gross negligence on the part of the concerned court, in spite of the fact that the petitioner is in jail custody for more than five years.

Having regard the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sherghati at Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 79 of 2002. m.p.

(Gopal Prasad, J) U T