Patna High CourtCR. MISC./8847/2016rejected

Md. Masaowar Alam @ Masbar Alam@Masbar v. The State Of Bihar

2016-08-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8847 of 2016 Arising Out of PS.Case No. -64 Year- 2014 Thana -TEDHAGACHH District- KISANGANJ ======================================================

1. MD. MASAOWAR ALAM @ MASBAR ALAM@MASBAR Son of Nazir Resident of village - Binabari, Dhabeli, P.S. Terhagachh, District - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2016 Heard both sides.

The petitioner seeks bail in Terhagachh P.S. Case No. 64 of 2014 registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code pending in the court of the learned Chief Judicial Magistrate, Kishanganj. The prayer for bail of the petitioner was earlier rejected by this Court by order dated 07.05.2015 vide Criminal Misc. No. 10058 of 2015 with a direction to the learned trial court to expedite the trial and conclude the same within nine months. It is submitted that the trial has not yet concluded and the petitioner is in jail since 24.10.2014. A report was called for and the learned 1st Additional Sessions Judge, Kishanganj has

Patna High Court Cr.Misc. No.8847 of 2016 (3) dt.31-08-2016 reported that on 10.08.2016 charges were framed and the case is posted on the basis of Calendar trial.

It appears that the petitioner is the husband of the deceased and the allegation is that the petitioner and his family members burnt the deceased to death.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. This application for bail is, accordingly, rejected. The trial court is directed to expedite and hold the trial of the petitioner on day to day basis so that the trial must be concluded positively within six months from the date of receipt/production of a copy of this order. However, if the trial is not concluded within the period aforesaid, the petitioner may renew his prayer for bail firstly in the trial court itself. (Prabhat Kumar Jha, J) Amin/- U