Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39909 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== RANJAN KUMAR Son of Sri Jay Kumar Singh Resident of Village - Kathrua, P.S.- Town, Dist.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in Town P.S. case no. 112 of 2018 instituted for the offence under Sections 304B/34 of the IPC. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 6.12.2018 passed in Cr. Misc. no. 62091 of 2018 with direction to trial Court to expedite the trial. Petitioner is in custody since 1.5.2018.

Report called for from the court below has been received from which it appears that charge could not be framed because a petition has been filed on behalf of petitioner under section 227 Cr. P.C. which was pending before the Court below. The court below has mentioned in the report that trial of the case shall be concluded within twelve months.

Patna High Court CR. MISC. No.39909 of 2019(4) dt.07-08-2019 2/2 From perusal of report, it appears that no effective steps has been taken by the court below for framing of the charge despite the fact that petitioner is behind the Bar for more than one year. This court deprecate such behavior of the trial Court. The petitioner is husband of deceased. There is direct allegation against this petitioner as mentioned in earlier order. Therefore this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to frame charge within a period of 15 days from the date of receipt of a copy of this order and make efforts to conclude the trial on priority basis either by fixing the case on day-to-day basis or by giving short adjournment as early as possible preferably within a period of nine months from the date of receipt of copy of this order and send compliance report to this court. Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period.