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Patna High CourtCR. MISC./10858/2015rejected

Lalit Das v. The State Of Bihar

2015-05-25Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10858 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -MADHEPUR District- MADHUBANI ====================================================== Lalit Das son of Laxmi Das, Resident of village- Behat, North, P.S.- Lakhnour (R.S. Shivir), District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Durgesh Nandan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 302/ 120(B)/201/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner happens to be husband of the deceased and on close of investigation charge sheet has been submitted against him under section 302 I.P.C. and further taking into consideration the fact that the case has now been committed to the court of Sessions, as per submission of the learned counsel for the petitioner, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail in connection with Madhepur P.S. Case No. 75 of 2014, corresponding to G.R. No. 861 of 2014, which was earlier pending in the court of learned Additional Chief Judicial Magistrate, Jhanjharpur, District Madhubani, at this stage. Accordingly the prayer for bail of the petitioner is rejected for the present.

The learned trial court is hereby directed to frame charge against the petitioner, if not already framed and all

Patna High Court Cr.Misc. No.10858 of 2015 (2) dt.25-05-2015 2/2 endeavours shall be made to conclude the trial within a period of one year from the date of framing of charge. However, if the trial of the petitioner is not concluded within the aforesaid period of one year, without there being any fault on his part, he shall be at liberty to renew his prayer for bail.

(Birendra Prasad Verma, J) BTiwary/- U T