Patna High CourtCR. MISC./16306/2017rejected

Musafir Chouhan @ Mosaffir Chouhan v. The State Of Bihar

2017-05-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16306 of 2017 Arising Out of PS.Case No. -29 Year- 2014 Thana -KASHICHAK District- NAWADA ====================================================== Musafir Chouhan @ Mosaffir Chouhan Son of Sidheshwar Chauhan, Resident of Village- Anaypar, Police Station- Kashichak in the District of Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 06.05.2014 in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

From perusal of the impugned order I find that charge against the petitioner was framed on 23.03.2015 and up till now, only three prosecution witnesses could be examined. Annexure-1 to this petition goes to show that earlier the prayer for bail of the petitioner was rejected by this court taking note of this fact that several injuries were found on the person of the deceased and the dead body of the deceased was recovered from the house

Patna High Court Cr.Misc. No.16306 of 2017 (2) dt.17-05-2017 2/2 of the petitioner, who happens to be husband of the deceased. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 38 of 2015 arising out of Kashichak P.S. Case No. 29 of 2014 pending in the court of 5th Additional Sessions Judge, Nawada stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) SHAHZAD/- U