Ashutosh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18161 of 2015 Arising Out of PS.Case No. -89 Year- 2013 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================
1. Ashutosh Pandey Son of Deneshwar Pandey resident of village - Deodhi, P.S. Dawath, District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.
The petitioner seeks bail in a case under section 304(B), 120(B)/34 of the Indian Penal Code.
Petitioner is the husband and his prayer for bail was earlier rejected on 23.06.2014 passed in Criminal Misc. No. 8071 of 2014. A report was called for from the court of the learned 1st Additional Sessions Judge, Rohtas at Sasaram about the stage of trial and it is reported that the case was recently transferred to his court and one witness has already been examined.
Considering the facts and circumstances of the case and also the nature of allegation and that the petitioner is the husband of the deceased, I am not inclined to enlarge the
Patna High Court Cr.Misc. No.18161 of 2015 (3) dt.02-07-2015 petitioner on bail in connection with Sessions Trial No. 423 of 2014 arising out of Dawath P.S. Case No. 89 of 2013 pending in the court of the learned Additional Sessions Judge Ist, Rohtas at Sasaram. This application for bail is, accordingly, rejected. The trial court is directed to expedite the trial of the petitioner and conclude the same on day to day basis within eight months from the date of receipt/production of a copy of this order.
Let the Superintendent of Police, Sasaram be directed to see that the prosecution witnesses are produced so that the trial must be concluded within the stipulated period. If the trial is not concluded by the aforesaid time, the petitioner may renew his prayer for bail firstly in the trial court. (Prabhat Kumar Jha, J) Amin/- U