Achhaibar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37117 of 2016 Arising Out of PS.Case No. -155 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Achhaibar Singh, S/o Jagarnath Singh, resident of Village - Khanethi, P.S. Kudra, District - Kaimur ( Bhabua ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.

The petitioner seeks bail in Kudra P.S. Case No. 155/16 registered under Section 302 of the Indian Penal Code. The petitioner is the son of the deceased and noneelse than the daughter of the petitioner, who is the eye-witness of the occurrence, disclosed that the petitioner assaulted her grandmother killing her on the spot. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Kudra P.S. Case No. 155 of 2016. Accordingly, the same is rejected. If the case is not committed to the Court of Sessions, the learned Judicial Magistrate is directed to commit the case to the Court of Sessions and after commitment, the learned Sessions Judge or any other Additional Sessions Judge, who is in seisin of

Patna High Court Cr.Misc. No.37117 of 2016 (3) dt.08-11-2016 2/2 the case, is directed to hold trial on day-to-day basis and conclude the same within one year from the date of commitment of the case. The Superintendent of Police, Kaimur is directed to ensure the presence of the prosecution witnesses of Kudra P.S. Case No. 155/2016 so that the trial must be concluded within one year.

If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) Dilip/- U T