Patna High CourtCR. MISC./56375/2015rejected

Mantu Lal v. The State Of Bihar

2016-02-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56375 of 2015 Arising Out of PS.Case No. -141 Year- 2012 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Mantu Lal, S/o Sanjay Lal, R/O Village- Kochas (Buxar Road), P.S.- Kochas, Dist.- Rohtas, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. Mr. P.K. Singh, Adv.

For the Informant : Mr. Dilip Kumar, Adv.

For the State : Mr. M. Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Rejoinder to the counter affidavit on behalf of the petitioner has been filed. Let the same be kept on record. Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected twice by order dated 07.10.2013 and 20.03.2015 passed in Cr. Misc. No. 15848 of 2013 and Cr. Misc. No. 20014 of 2014, on the ground that the petitioner is suffering in custody since 29.12.2012 and as per observation made in the order dated 20.03.2015, trial has not been concluded within six months and further, during the investigation, no evidence regarding killing of wife if the petitioner has come.

Patna High Court Cr.Misc. No.56375 of 2015 (4) dt.16-02-2016 2/2 Learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer for bail by submitting that from perusal of the impugned order, it is apparent that the trial is likely be concluded in near future.

In the facts and circumstances stated above, at this stage, I am not inclined to enlarge the petitioner on bail and accordingly, his prayer for bail again stands rejected.

However, learned Trial Judge is directed to conclude the trial preferably within two months and if without any fault of the petitioner, his trial is not concluded within two months from the date of receipt or production of a copy of this order, then the petitioner shall be released on bail on execution of bail bond to the satisfaction of learned Trial Judge.

(Jitendra Mohan Sharma, J) kunal/- U T