Bhagirath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10175 of 2017 Arising Out of PS.Case No. -376 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Bhagirath Sah, S/o Sri Hanuman Sah, Village- Bhadeshwar, Ward No.2, P.S.- Jogbani (Bathnaha), District- Araria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 This is an application for grant of bail for offences punishable under Sections 302, 201, 379 and 34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that except suspicion there is nothing against the petitioner nor chargesheet has been submitted against him in this case. The police has found the case true against other three accused persons and petitioner is in custody since19.12.2016. Heard learned A.P.P. also. He has opposed the prayer for bail submitting that witnesses in the case diary has stated that there was love affair between the sister of the petitioner and the deceased and with respect to that several times altercation took place between them prior to the occurrence and lastly two
Patna High Court Cr.Misc. No.10175 of 2017 (3) dt.03-04-2017 2/2 days before the occurrence. The deceased was threatened with dire consequences and thereafter, the deceased had become traceless and his body was found later on.
Having heard both sides, in view of the facts and circumstances, I am not inclined to grant bail to the petitioner, the same is rejected.
However, the trial court, i.e., learned C.J.M., Araria, is directed to expedite the trial of the petitioner in connection with Narpatganj P. S. Case no. 376 of 2016 and conclude the same within a period of nine months. If the trial is not concluded within the stipulated period, petitioner is at liberty to renew his prayer for bail.
Accordingly, this application stands dismissed. (Vinod Kumar Sinha, J) sudip/- U T