Patna High CourtCR. MISC./12382/2016rejected

Ravindra Kumar Singh @ Ravindra Singh v. The State Of Bihar

2016-08-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12382 of 2016 Arising Out of PS.Case No. -58 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Ravindra Kumar Singh @ Ravindra Singh, S/o Late Ram Karan Singh, r/o Vill.- Bisunpura, P.S.- Chapra Muffasil, Dist.- Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Kant Singh, Advocate.

For the Opposite Party : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2016 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 513 of 2015, corresponding to Chapra Muffasil P.S. Case No. 58 of 2014, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 21.05.2015 passed in Cr. Misc. No. 10266 of 2015. The trial court was directed to expedite the trial and conclude the same within nine months from the date of this order, but the trial is not concluded. It appears from the report of the learned Additional Sessions Judge-V, Saran, Chapra that the aforesaid Sessions Trial No. 513 of 2015 was transferred to his court on 06.11.2015. Charges were framed on 25.02.2016 and only one witness has been examined.

Patna High Court Cr.Misc. No.12382 of 2016 (3) dt.17-08-2016 2/2 Since the petitioner is husband of the deceased, I am not inclined to enlarge the petitioner above named on bail in Sessions Trial No. 513 of 2015, corresponding to Chapra Muffasil P.S. Case No. 58 of 2014. Accordingly, the same is rejected.

It is submitted that presently the court of Additional Sessions Judge-V, Saran, Chapra is vacant. The learned Sessions Judge, Saran, Chapra is directed to transfer the case to any other court and the trial court is directed to hold the trial on day-to-day basis and conclude the same within six months from the date of receipt of this order, if the trial is not concluded the petitioner may renew his prayer for bail. The S.P., Saran, Chapra is directed to ensure the attendance of all the witnesses of Sessions Trial No. 513 of 2015, corresponding to Chapra Muffasil P.S. Case No. 58 of 2014 so that the trial must be concluded within six months.

Let a copy of this order be transmitted through Fax to the S.P., Saran, Chapra.

(Prabhat Kumar Jha, J.) KKSINHA/- U T