Patna High CourtCR. MISC./18363/2016rejected

Rakesh Ram v. The State Of Bihar

2016-09-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18363 of 2016 Arising Out of PS.Case No. -132 Year- 2014 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Rakesh Ram Son of Raghunath Ram Resident of Village- Chakbyas (Chakya) PS Goraul, Distt Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2016 Heard both sides.

The petitioner seeks bail in Goraul P.S. Case No. 132/2014 corresponding to Sessions Trial No. 61/2016, registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 22.06.2015 passed in Cr. Misc. 16551/2015 with a direction to the trial court to expedite the trial and conclude the same within one year, but it is submitted that trial has not yet been concluded. The petitioner is the husband of the deceased. He is alleged to have strangulated his wife to death within one year of his marriage.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.18363 of 2016 (2) dt.07-09-2016 2/2 enlarge the petitioner on bail. Accordingly, the same is rejected. The Additional District & Sessions Judge IV, Vaishali at Hajipur is directed to hold the trial on day-to-day basis of Sessions Trial No. 61/2016 and conclude the same within nine months from the date of receipt of this order.

The Superintendent of Police, Vaishali is directed to ensure the attendance of all the prosecution witnesses of Goraul P.S. Case No. 132/2014 corresponding to Sessions Trial No. 61/2016 in the court of Additional District & Sessions Judge IV, Vaishali at Hajipur, so that the trial must be concluded within nine months.

Let a copy of this order be sent to the S.P. Vaishali as well as Additional District & Sessions Judge IV, Vaishali at Hajipur for information and needful.

(Prabhat Kumar Jha, J.) Vinita/- U T