Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42209 of 2014 Arising Out of PS.Case No. -115 Year- 2012 Thana -DULHIN BAZAR District- PATNA ====================================================== Md. Aftab Alam Son of Md. Keyanuddin, Residnet of Village - Singhara, P.S.- Dulhin Bazar Distt - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Adv For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-304(b), 498(A) and 34 of the Indian Penal Code and that the prayer of the petitioner for granting regular bail has been rejected earlier by this Court on merits on 12.2.2014 in Cr. Mic. No. 16966 of 2013, it is not inclined to reconsider the prayer for bail on merits, but then keeping in view that the trial of the petitioner has already commenced and ten witnesses are said to have been examined, this court would direct the trial

Patna High Court Cr.Misc. No.42209 of 2014 (2) dt.29-07-2015 Court to ensure that the trial of the petitioner is concluded within a maximum period of six months from the date of receipt of this order.

The Senior Superintendent of Police, Patna is also directed to ensure that the remaining prosecution witnesses are made to appear in connection with Dulhin Bazar P.S. Case No. 115 of 2012 (Sessions Trial No. 216 of 2013) pending in the Court of A.D.J.-V, Danapur, Patna, within the aforesaid period of three months, from the date of receipt of this order, so that the trial Court can dispose of the trial of the petitioner in the aforementioned time frame of six months.

With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be sent to the trial Court as also to the Senior Superintendent of Police, Patna for its strict compliance.

It is also made clear that if the trial of the petitioner is not concluded within the aforementioned

Patna High Court Cr.Misc. No.42209 of 2014 (2) dt.29-07-2015 period of six months, the petitioner shall be at liberty to initially move before the trial Court, which will record its reasons for not concluding the trial, whereafter the petitioner may move before this Court again renewing his prayer for bail.

(Mihir Kumar Jha, J) surendra/- U