Patna High CourtCR. MISC./3775/2015rejected

Suraj Singh @ Suraj Kumar Singh v. The State Of Bihar

2015-03-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3775 of 2015 Arising Out of PS.Case No. -94 Year- 2011 Thana -JHAJHA District- JAMUI ====================================================== Suraj Singh @ Suraj Kumar Singh S/O Ashim Singh Resident of villBorwa,P.S-Jhajha,Distt.-Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Pradip Nr.Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in S.T. No.371 of 2012, Tr. No.167 of 2014, arising out of Jhajha P.S. Case No. 94 of 2011 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

Earlier this Court vide order dated 27.8.2014 passed in Cr. Misc. No. 32326 of 2014 rejected the prayer for bail of the petitioner with a direction to the trial court to conclude the trial within two years of custody. Liberty was given to the petitioner that if the trial is not concluded within the aforesaid period, he may renew his prayer for bail.

As per the First Information Report allegation has

Patna High Court Cr.Misc. No.3775 of 2015 (3) dt.25-03-2015 been made against the petitioner to have killed his wife. Looking to the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected.

Grievance has been raised that even after lapse of 14 months not a single witness has been examined. However, the trial court is directed to ensure the production of prosecution witnesses and for their appearance take all coercive steps and complete the trial within a period of one year from the date of receipt/production of a copy of this order.

Vinay/- (Shivaji Pandey, J) U T