Patna High CourtCR. MISC./35948/2016rejected

Kare Mahaldar v. The State Of Bihar

2016-08-20The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35948 of 2016 Arising Out of PS.Case No. -187 Year- 1993 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Kare Mahaldar Son of Late Sikkam Mahaldar, Resident of Village - Fariyani, P.S.- K. Nagar, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-08-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail by the petitioner, namely, Kare Mahaldar, in connection with K. Nagar Police Station Case No.

of 1993, under Sections 448/323/379/504/506/307/34 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Bijendra Kumar Singh, learned Counsel, appearing on behalf of the petitioner, and Smt. Veena Rani Prasad, learned Additional Public Prosecutor, appearing on behalf of the State.

Considering the nature of incriminating materials available on record against the accused above-named, and in the

Patna High Court Cr.Misc. No.35948 of 2016 (2) dt.20-08-2016 2/2 light of the order passed by the learned Sessions Judge, Katihar, the petitioner jumped bail thrice and thereby delayed the trial for more than 25 years, this Court is of the view that the accused above-named cannot be allowed to go on bail.

In view of the above and in the interest of justice, the prayer for bail is hereby rejected at this stage. While rejecting the prayer for bail, learned SubJudge-VI-cum-Additional Chief Judicial Magistrate, Purnea, is hereby directed to expedite the trial of K. Nagar P.S. Case No.187 of 1993, G.R. No.1442 of 1993, and dispose of the same, in accordance with law, preferably, within a period of three months.

This bail application shall stand disposed of accordingly.

(I.A. Ansari,CJ) Mkr./- U T