Abhitabh Sharma @ Chintu Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.53874 of 2017 (4) dt.22-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53874 of 2017 Arising Out of PS.Case No. -316 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Abhitabh Sharma @ Chintu Sharma, Son of Late Rajeshwar Sharma, resident of Village- Dehuri, P.S.- Ghosi, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 (Heard the parties.

This application is for grant of regular bail in connection with Ghosi P.S.Case No.316 of 2016 for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is that he is caused injury to the deceased by repeatedly blow of tangi causing injury on her head and ear and she succumbed to the injuries. Submission of the learned counsel for the petitioner is that the FIR itself shows that it was not intentional rather it appears that in spur of moment, the occurrence has occurred and further submission is that he is in custody for more than a year. Heard learned A.P.P. also.

Having heard both sides and in view of direction

Patna High Court Cr.Misc. No.53874 of 2017 (4) dt.22-11-2017 allegation, I am not inclined to grant bail to the petitioner, however considering the fact that he is accused for one year and the case has already been committed to the court of session, the learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of nine months, if possible conduct it on regular basis.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T