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Patna High CourtCR. MISC./57483/2015rejected

Ajay Sah @ Ajay Saw v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57483 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -CHANDI District- BHOJPUR ====================================================== Ajay Sah @ Ajay Saw son of Jai Ram Sah @ Saw, resident of villageMathiyarpur, P.S.- Chandi, District- Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate.

For the Opposite Party : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2016 Heard both sides.

The petitioner seeks bail in Chandi P.S. Case No. 56 of 2014, corresponding to Sessions Trial No. 41 of 2016, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. The petitioner is husband of the deceased. It is submitted that prayer for bail of the petitioner was earlier rejected vide order dated 15.04.2015 passed in Cr. Misc. No. 6404 of 2015 with a direction to the court below to expedite the trial and conclude the same within one year but the trial has not yet been concluded. It is further submitted that now eight witnesses have already been examined. The informant of the case has not supported the case of prosecution.

Considering the facts aforesaid and the fact that eight

Patna High Court Cr.Misc. No.57483 of 2015 (3) dt.07-09-2016 2/2 witnesses have already been examined, I am not inclined to enlarge the petitioner above named on bail in Chandi P.S. Case No. 56 of 2014, corresponding to Sessions Trial No. 41 of 2016. Accordingly, the same is rejected.

However, the 4th Additional Sessions Judge, Ara, Bhojpur who is seisin of Sessions Trial No. 41 of 2016 is directed to hold the trial on day to day basis and conclude the same within four months.

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