Patna High CourtCR. MISC./46352/2018disposal with observation

Sarla Yadav @ Pankaj Yadav And ANR v. The State Of Bihar

2018-09-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46352 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Sarla Yadav @ Pankaj Yadav, S/o Kapildev Yadav @ Kapo Yadav,

2. Bijo Yadav S/o Sukhdev Yadav, Both Residents of Vill.- Maraiya, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Shanker Prasad For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 Heard the parties.

Petitioners seek bail in S.Tr.No.36 of 2018 arising out of Parbatta (Maraiya) P.S.Case No.293 of 2017 registered for the offences under Sections 302/34 of the I.P.C.

Allegation against the petitioners is of setting the father of the informant on fire.

Submission of the learned counsel for the petitioners is that there is no eye witness to the occurrence and though it is alleged that the informant disclosed that the petitioners set his father on fire but the informant has already been declared hostile in his cross examination and, as such, there is nothing against the petitioners. They are in custody since 31.10.2017 and 15.10.2017 respectively.

Patna High Court Cr.Misc. No.46352 of 2018 (2) dt.13-09-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners at this stage. The prayer for bail of the petitioners is rejected.

However, learned trial court is directed to expedite the trial and conclude the same within a period of six months. If the trial is not concluded and there is no lach on the part of the petitioners, the trial court shall release the petitioners on bail to his own satisfaction.

With the aforesaid, this application is disposed of . (Vinod Kumar Sinha, J) AnilKrSinha/- U