Patna High CourtCR. MISC./13740/2017dismissed

Kishore Kumar v. State Of Bihar And ANR

2017-04-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13740 of 2017 ====================================================== Kishore Kumar, Son of Sri Doman Prasad @ Doman Sah, Resident of Village-Kujap, Police Station-Chandauti, District-Gaya. .... .... Petitioner

Versus

1. The State of Bihar

2. Arvind Kumar Sao, Son of Ganauri, Resident of Mohalla - Bigha, Police Station-Kotwali, District-Gaya .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Abhay Kumar Thakur, Advocate.

For the Opposite Parties : Mr. Kumar Virendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2017 Heard both sides.

The petitioner has filed this petition for modification of the order dated 23.11.2016 passed in Cr. Misc. No.27985 of 2016, by which the trial court was directed to hold the trial on day-today basis and conclude the same within six months. The informant-petitioner filed this petition stating that during pendency of the case, the informant moved before the Ministry of Personnel, Public Grievances & Pensions Department of personnel & Training for CBI investigation for the death of his daughter and the informant-petitioner further sought information on the action taken on his petition. The Under Secretary, Government of India informed the informant-petitioner that his petition was sent to the Chief Secretary, Government of Bihar for

Patna High Court Cr.Misc. No.13740 of 2017 (2) dt.26-04-2017 2/2 needful, on such, it is prayed that let the order be modified, so that the trial may not be held on day-to-day basis. I do not find any justiciable ground to stall the trial on clumsy ground of the informant that the case is likely to be taken over by the Central Bureau of Investigation for fresh investigation. Considering the facts aforesaid, I do not find any merit in this modification petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J.) KKSINHA/- U T