Patna High CourtCR. MISC./11774/2015rejected

Mukesh Paswan v. The State Of Bihar

2015-09-01Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11774 of 2015 Arising Out of PS.Case No. -107 Year- 2013 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Paswan S/O Chhathu Paswan, Resident of village- Majhriya, P.S.- Keshariya, District- East Chamaparan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Smt. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased who died within seven years of her marriage in other than normal circumstances. There is allegation of illegal demand as well as torturing.

Accordingly, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Keshariya P.S. Case No. 107 of 2013 pending in the court of Sri D. Kumar, Judicial Magistrate 1st Class, Sadar at Motihari, East Champaran stands rejected.

However, the concerned Magistrate is directed to

Patna High Court Cr.Misc. No.11774 of 2015 (4) dt.01-09-2015 2/2 commit the case of the petitioner to the court of sessions in accordance with law within four weeks from the date of receipt/production of copy of this order and after commitment, the concerned Sessions court shall expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within nine months from the date of receipt of the record in sessions court. However, it is made clear that if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T