Nawal Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37895 of 2024 Arising Out of PS. Case No.-50 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== Nawal Sahni Son of Lakshmi Sahni R/o village - Madanpur, Ward No.- 04, P.S.- Parsauni, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Murari For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Punaura P.S. Case No. 50 of 2021 registered for the offences punishable under Section 364(a) of the IPC in which charge sheet was submitted under Section 364(a), 302, 201, 120(B) of the IPC.
3. As per prosecution case, the son of the informant was kidnapped and demand of Rs. 10 lakh was made by way of ransom.
4. Learned counsel for the petitioner submits that the bail of the present petitioner has already been rejected by this Court on three occasions i.e. on 11.08.2022, 25.08.2023 and 23.02.2024. He further submits that on 23.02.2024 the
Patna High Court CR. MISC. No.37895 of 2024(3) dt.09-08-2024 2/3 prayer for bail of the petitioner has been rejected with a direction that trial court is directed to conclude the trial on day to day basis within two month from the date of receipt/production of copy of this order. He further submits that petitioner is in custody since 23.02.2021 and the delay of trial is not in any way attributable to the petitioner as he is languishing in custody for more than three years.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that bail prayer of the petitioner has been rejected thrice. Learned APP further submits that in course of investigation the accused persons were arrested and the confessional statement of the five named accused persons including the present petitioner was recorded which led to recovery of the dead body of informant's son.
6. A report regarding stage of trial has been sought by this Court and in pursuance of the said direction, the trial court vide letter no. 70/2024 dated 23.07.2024 has sent its report which reveals that at present the case is pending for recording of statement of accused persons under Section 313 of Cr.P.C.
7. Considering the facts and circumstances of the case, particularly keeping in view that earlier bail prayer of the
Patna High Court CR. MISC. No.37895 of 2024(3) dt.09-08-2024 3/3 petitioner has been rejected on merit as well as report of the trial court, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.
8. However, trial court is directed to expedite the trial of the present case as early as possible.
(Alok Kumar Pandey, J) vashudha/- U T