Dukhharan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33385 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -HULASGANJ District- JEHANABAD ====================================================== Dukhharan Manjhi Son of late Sheodhari Manjhi, Resident of VillageGodiha, P.S. Hulashganj, District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the Petitioner, the State and the informant.

The Petitioner seeks bail in Sessions Trial No.194 of 2016/ 30 of 2016 arising out of Hulasganj P.S. case No.13 of 2016 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge Vth, Jehanabad.

The allegation is that the petitioner in collusion with 2-3 unknown persons had killed the father of the informant by cutting his neck and thrown the dead body near village situated at Hanuman Mandir road.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.2.2016. Charge has been framed.

Patna High Court Cr.Misc. No.33385 of 2016 (4) dt.17-10-2016 2/3 The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has been made accused merely on suspicion. The informant is not an eye witness to the occurrence. On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and the confession of the petitioner has led to recovery of the Fasuli used in course of the occurrence.

A report was called for from the Trial Court regarding the present stage of trial. The same is on record. It has been reported that four witnesses have already been examined out of seven prosecution witnesses and the trial is expected to be concluded within a period of four months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of a copy of this order. If required, the court may conduct the trial on day-to-day basis.

The District Magistrate, Jehanabad and the Superintendent of Police, Jehanabad are also directed to ensure that the remaining prosecution witnesses are produced on the date

Patna High Court Cr.Misc. No.33385 of 2016 (4) dt.17-10-2016 3/3 fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Jehanabad and the Superintendent of Police, Jehanabad.

(Sudhir Singh, J) Narendra/- U T