Prabhu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25482 of 2015 Arising Out of PS.Case No. -508 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Prabhu Jha, Son of Late Gena Jha, R/O- Village- Lohargama, P/s- Sakra (Bariyarpur O.P.), District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2015 The petitioner is languishing in custody since 3.11.2014 in connection with Sakra (Bariyarpur O.P.) P.S. Case No.508 of 2014 for the offences instituted under Sections 147,149, 448, 452, 436, 341, 323, 326, 307 and 302 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that while the informant along with his mother was taking tea, the petitioner along with co-accused persons came there and after assaulting them caught hold of the informant and his mother and the petitioner asked his wife to bring kerosene oil and other coaccused poured the same on the informant and his mother and the petitioner lit them on account of which both sustained burn

Patna High Court Cr.Misc. No.25482 of 2015 (3) dt.12-08-2015 2/2 injuries. They were taken to the SKMCH for treatment where in course of treatment his mother succumbed to her injuries. It is submitted that the present occurrence had taken place in retaliation of land dispute between the parties.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.11.2014 and the charge sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. There is no direct allegation against the petitioner On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

Anyhow the trial court is directed to take all steps to conclude the trial expeditiously preferably within a period of nine months from the date of receipt /production of a copy of this order on day to day basis avoiding undue delay and adjournments. (Sudhir Singh, J) AnilKrSinha/- U T