Prakash Rishideo And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22671 of 2017 Arising Out of PS.Case No. -74 Year- 2015 Thana -JADIA District- SUPAUL ======================================================

1. Prakash Rishideo

2. Mukesh Rishideo Both are sons of Khikhar Rishideo resident of village - Parsagarhi, P.S. - Jadia, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioners : Mr. Sunil Kumar Singh, advocate For the State : Mr. N.N.Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2017 Heard learned counsel for the Petitioners and the State. The Petitioners seek bail in Jadia P.S. case No.74 of 2015 instituted for the offence under Sections 328, 302 and 201/34 of the Indian Penal Code, pending in the court of learned Sub Divisional Judicial Magistrate, Supaul.

Earlier the bail application of the petitioners was rejected vide Annexure-1 to the present application taking into account that the death is said to have taken place in the house of the petitioners and the onus is upon the petitioners to explain the cause of death of the deceased. The F.S.L. report indicates that it is a case of poisoning.

This is the second attempt for grant of regular bail on behalf of the petitioners.

Patna High Court Cr.Misc. No.22671 of 2017 (3) dt.02-08-2017 2/2 A report was called for in respect to the stage of the case from the court below. It has been reported that out of nine witnesses seven witnesses have already been examined on behalf of the prosecution and the trial is expected to be concluded within a period of six months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of a copy of this order.

The District Magistrate, Supaul and the Superintendent of Police, Supaul are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Supaul and the Superintendent of Police, Supaul. (Sudhir Singh, J) Narendra/- U T