Patna High CourtCR. MISC./47297/2016rejected

Sunil Kumar Singh v. The State Of Bihar

2017-03-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47297 of 2016 Arising Out of PS.Case No. -166 Year- 2014 Thana -PALIGANJ District- PATNA ====================================================== Sunil Kumar Singh, Son of Late Ram Kripal Singh, Resident of VillageGulri Pachak, P.S. - Tekari, District - Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ghanshyam Tiwary, Advocate.

For the Opposite Party : Mr. Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 80 of 2015, arising out of Paliganj P.S. Case No. 166 of 2014, registered for the offences punishable under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 02.09.2015 with a direction to the trial court to conclude the trial within one year, but the trial has not yet been concluded. The petitioner is, of course, the husband of the deceased and there is no evidence against the petitioner, but from perusal of the records it appears that it was the petitioner who strangulated his wife to death and the petitioner also confessed his guilt. Considering the facts aforesaid and nature of allegations

Patna High Court Cr.Misc. No.47297 of 2016 (3) dt.01-03-2017 2/2 made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of a copy of this order. The Dy.S.P., Danapur is directed to ensure the attendance of all the prosecution witnesses of Sessions Trial No. 80 of 2015, arising out of Paliganj P.S. Case No. 166 of 2014, in the court of the Additional Sessions Judge-III, Danapur, so that the trial must be concluded within six months. Let a copy of this order be transmitted to the Additional Sessions Judge-III, Danapur as well as the Dy.S.P., Danapur/ A.S.P., Danapur for information and needful.

If the trial is not concluded within six months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J.) KKSINHA/- U T