Patna High CourtCR. MISC./56600/2015rejected

Kamal Prasad Mandal @ Kamal Mandal v. The State Of Bihar

2016-02-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56600 of 2015 Arising Out of PS.Case No. -476 Year- 2011 Thana -FORBESGANJ District- ARRARIA ====================================================== Kamal Prasad Mandal @ Kamal Mandal Son of Mushaharu Mandal, resident of Village Khairkhan, P.S. Forbesganj, District Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and his prayer was earlier rejected by this Court vide order dated 13.3.2015 passed in Cr. Misc. No.37935 of 2014 with direction to the trial court to expedite the trial of the petitioner and the trial court has reported that out of eight charge sheeted witnesses, four witnesses have already been examined and the case is pending for recording the statement of remaining prosecution witnesses. However, the trial court has sought six months time to conclude the trial of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the

Patna High Court Cr.Misc. No.56600 of 2015 (3) dt.17-02-2016 2/2 petitioner on bail and his prayer for bail in connection with Sessions Trial No.231 of 2014/317 of 2014 pending in the court of 2nd Additional Sessions Judge, Araria stands rejected. However, the learned trial court must conclude the trial of the petitioner within the period as fixed by the trial court itself. Let a copy of this order be sent to the Superintendent of Police, Araria with direction to him to ensure the presence of remaining prosecution witnesses before the concerned court within three months from the date of receipt/production of a copy of this order.

(Hemant Kumar Srivastava, J) N.H./- U T