Praveen Kumar Singh @ Praveen Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6360 of 2015 Arising Out of PS.Case No. -132 Year- 2011 Thana -SONO District- JAMUI =========================================================== Praveen Kumar Singh @ Praveen Singh @ Pappu Singh S/o Harinandan Singh @ Nanda Singh Resident of village- Asahna, P.S.- Sono, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-06-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Sessions Trial No. 271 of 2012 arising out of Sono P.S. Case No. 132 of 2011 instituted under Sections 304/34 of the Indian Penal Code.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 24.06.2014 passed in Cr. Misc. No. 10407 of 2014 by which the Court below was directed to expedite the trial and conclude the same within six months. The same not having been done, a report was called from the Court below in which it has been stated that the earlier order of the Court dated 24.06.2014 was never placed before the Court and that out of 10

Patna High Court Cr.Misc. No.6360 of 2015 dt.29-06-2016 2/3 chargesheet witnesses, 6 have been produced.

Learned counsel for the petitioner submits that he has been in custody for more than four and a half years. Learned A.P.P. submits that among the witnesses examined is the 8 years old daughter of the petitioner who was an eye witness and has stated, during her examination before the Court in the trial, that the petitioner used to assault the deceased i.e., his wife and had also forcibly made her to consume poison, which is corroborated by the postmortem report.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and in view of the specific deposition of the daughter holding the petitioner responsible for causing death of his wife, the Court is not inclined to enlarge the petitioner on bail.

Accordingly, the application stands dismissed. However, the court below is directed to conclude the trial within four months poisitively for which all possible steps shall be taken and the Superintendent of Police, Jamui shall also ensure that the remaining witnesses are produced before the Court. The Court shall then proceed with the defence case and examination of the defence witnesses, if any, expeditiously fixing short dates and in case, there is non-cooperation from the defence, the Court shall proceed in

Patna High Court Cr.Misc. No.6360 of 2015 dt.29-06-2016 3/3 accordance with law without giving any unwarranted indulgence to the defence. The Court makes it clear that the timeframe fixed should be strictly adhered to for concluding the trial. Registry shall communicate the order to the Court below as well as the Superintendent of Police, Jamui through Fax also latest by tomorrow.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.06.2016 Transmission Date 30.06.2016