Patna High CourtCR. MISC./47117/2016rejected

Mithun Ram v. The State Of Bihar

2016-11-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47117 of 2016 Arising Out of PS.Case No. -28 Year- 2014 Thana -ASAWAN District- SIWAN ====================================================== Mithun Ram, Son of Ghura Ram, Resident of Village: Sahasaraon, P.S. Assaon, District: Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party : Mr. Sri Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2016 Supplementary affidavit has been filed on behalf of the petitioner, keep it on record.

Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 19.01.2016 passed in Cri. Misc. No. 46578 of 2015, on the ground that the petitioner is suffering in custody since 27.04.2015. Other co-accused having similar allegation have been allowed bail, up till now only charges have been framed and no prosecution witnesses had been examined and, as such, in near future the trial is not likely to be concluded, there is no chance of tampering with the prosecution evidence.

Patna High Court Cr.Misc. No.47117 of 2016 (3) dt.23-11-2016 2/2 The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband of the deceased and after killing, the dead body was thrown in a well, after tying with stone.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected. However, considering the detention of the petitioner the trial court is again directed to expedite the trail and to conclude the same as early as possible preferably within four months from the date of receipt/production of a copy of this order. (Jitendra Mohan Sharma, J.) Rajiv/- U T