Patna High CourtCR. MISC./12435/2016rejected

Janardan Mandal v. The State Of Bihar

2016-08-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12435 of 2016 Arising Out of PS.Case No. -81 Year- 2014 Thana -SIKTI District- ARRARIA ====================================================== Janardan Mandal, S/o Late Soti Lal Bishwas, Resident of Village- Baka, Majrak, P.S.- Sikti, Dist- Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamal Kishore Mishra, Advocate.

For the Opposite Party : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2016 Heard both sides.

The petitioner seeks bail in Sikti P.S. Case No. 81 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Sections 3(I)(X), 3(II)(V) of the SC/ST Act.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 18.03.2015 passed in Cr. Misc. No. 11268 of 2015, but the trial has not yet been concluded. Nine witnesses have already been examined and except one all the witnesses supported the case of prosecution. Only the investigating officer is to be examined. It appears that the petitioner and his wife are alleged to have sprinkled kerosene oil on the mother of the informant and

Patna High Court Cr.Misc. No.12435 of 2016 (2) dt.17-08-2016 2/2 ignited fire, consequently mother of the informant died. The trial is at its fag end and only the investigating officer is to be examined.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail in Sikti P.S. Case No. 81 of 2014, pending in the court of the 1st Additional Sessions Judge, Araria in Sessions Trial No. 38 of 2015. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within four months.

(Prabhat Kumar Jha, J.) KKSINHA/- U T