Mithilesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17996 of 2017 Arising Out of PS.Case No. -402 Year- 2015 Thana -BARBIGHA District- SEKHPURA ====================================================== Mithilesh Prasad, son of Sadashiv Prasad, Resident of Village- Dih Nizamat, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Biresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 This is an application for grant of bail for offences punishable under Sections 341, 324, 307 and 498A of the Indian Penal Code.

Allegation against the petitioner is of assault and cruelty upon the informant, who is wife of the petitioner. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and moreover, he has remained in custody for about 1 1⁄2 years.

Heard learned A.P.P. also who has opposed the prayer for bail.

Having heard both sides, in view of the facts and circumstances, I am not inclined to grant bail to the petitioner, the

Patna High Court Cr.Misc. No.17996 of 2017 (3) dt.01-05-2017 2/2 same is rejected.

However, since the petitioner is in custody for 1 1⁄2 years, the trial court, i.e., Ist Addl. District and Sessions Judge, Sheikhpura, is directed to expedite the trial in connection with Sessions Case no. 27 of 2016 arising out of Barbigha (Keoti O.P.) P. S. Case no. 402 o 2015 or, if possible, conduct the same on day to day basis and conclude the same within a period of six months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, petitioner will be at liberty to renew his prayer for bail. Superintendent of Police, Sheikhpura, is directed to ensure the attendance of witnesses on the date fixed so that trial be concluded within prescribed time. This application is dismissed with above observation. (Vinod Kumar Sinha, J) sudip/- U T