Sharma Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3400 of 2018 Arising Out of PS.Case No. -89 Year- 2012 Thana -BASANTPUR District- SIWAN ====================================================== Sharma Prasad Son of Rajbanshi Prasad, Resident of Village-Gopalpur Tola Magahi, Police Station-Basantpur, District-Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Mr.Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2018 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
The petitioner seeks regular bail in Sessions Trial No.268 of 2017 arising out of Basantpur P.S.Case No.89 of 2012 for the offence under Section 302/34 of the I.P.C. As per written report there is specific allegation against the petitioner of committing murder of Mausi-cum-step mother of the informant. In the post mortem report doctor has found sharp cut on the neck of the deceased. Therefore, prayer for bail of the petitioner was earlier rejected vide order dated 28.07.2017 passed in Cr.Misc. No.31990 of 2017.
A report called for earlier from the court below has been received from which it appears that charge has already been
Patna High Court Cr.Misc. No.3400 of 2018 (3) dt.28-03-2018 2/2 framed. Summons have been issued against charge sheeted witnesses and the case is fixed for evidence of prosecution witnesses.
Counsel for the petitioner submits that the petitioner is in custody since 19.01.2017.
In view of the fact that the petitioner is in custody since 19.01.2017, the court below is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of a copy of this order by giving short adjournment in this case.
The petitioner may renew his prayer for bail, if the trial is not concluded within the stipulated period which shall be considered by the court below without being prejudiced by this order.
With the aforesaid, this application is dismissed. (Sanjay Priya, J) AnilKrSinha/- U