Patna High CourtCR. MISC./25178/2016rejected

Rameshwar Chaudhary v. The State Of Bihar

2016-11-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25178 of 2016 Arising Out of PS.Case No. -115 Year- 2013 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Rameshwar Chaudhary Son of Late Shital Chaudhary Resident of village - Mirjapur, P.S. Dinara, District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Narsingh Tanti (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2016 Heard both sides.

The petitioner seeks bail in Dinara P.S. case No. 115 of 2013, corresponding to Sessions Trial No. 590 of 2013, under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The prayer of petitioner for bail was earlier rejected by this court vide order passed in Cr. Misc. No. 5231 of 2015 with a direction to the trial court to expedite the trial and conclude the same within one year from the date of receipt of the aforesaid order but it is submitted that the trial has not yet been concluded and till 12.05.2016 five witnesses have been examined and out of eight witnesses three are yet to be examined. The learned counsel for the informant as well as the

Patna High Court Cr.Misc. No.25178 of 2016 (2) dt.16-11-2016 2/2 learned Additional Public Prosecutor opposed the prayer for bail and submitted that seven witnesses have already been examined and only one witness is yet to be examined.

The petitioner is alleged to have fired causing the death of the husband of informant. Hence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to conclude the trial within four months.

The Superintendent of Police, Sasaram is directed to ensure the attendance of remaining non examined prosecution witness of Dinara P.S. case No. 115 of 2013, corresponding to Sessions Trial No. 590 of 2013, in the court of learned 8th Additional Sessions Judge, Rohtas at Sasaram so that the trial must be concluded within four months.

(Prabhat Kumar Jha, J) BKS/- U T