Rishi Kesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2103 of 2021 Arising Out of PS. Case No.-115 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Rishi Kesh Giri (M), aged about 24 years, Son of Ram Anjor Giri, Resident of Village Koindi, P.S. Chainpur, District Kaimur At Bhabhua. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shashank Shekhar Sinha, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2021 Heard both sides.

The petitioner seeks bail in Chainpur P.S. Case No.115 of 2019, corresponding to Sessions Trial No.237 of 2019, registered under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 06.03.2020, passed in Cr. Misc. No.71504 of 2019. Charges were framed but till date not a single witness has been examined. It is submitted that the petitioner is in custody since 06.07.2019.

Taking into consideration the facts that the petitioner is in custody only for 11⁄2 years and there is specific allegation that the petitioner being the husband of the deceased subjected

Patna High Court CR. MISC. No.2103 of 2021(3) dt.17-02-2021 2/2 her to all sorts of torture and killed his wife and the dead body of the deceased was hurriedly cremated, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is once again rejected.

The learned trial court is directed to hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order.

The Superintendent of Police, Bhabhua is directed to ensure the attendance of the prosecution witnesses in the trial court so that the trial must be concluded within nine months. Let a copy of this order be transmitted to the learned trial court as well as the Superintendent of Police, Bhabhua for information and needful.

If the trial is not concluded within nine months, the petitioner, if so advised, may renew his prayer for bail. (Prabhat Kumar Jha, J) S.KUMAR/- U T