Bechan Jha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47003 of 2016 (2) dt.28-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47003 of 2016 Arising Out of PS.Case No. -117 Year- 1989 Thana -BIHRA District- SAHARSA ======================================================

1. Bechan Jha

2. Arvind Jha both sons of Tirthnath Jha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.10.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 364 and 366 of the Indian Penal Code.

The present case was lodged in the year 1989 and after investigation, police submitted charge sheet showing petitioners absconder. Petitioners could be remanded in this case on 9.2.2016 and victim has supported the allegation in her statement recorded under section 164 Cr.P.C.

Therefore, considering the previous conduct of the petitioners as well as facts and circumstances of the case, I am not inclined to release the petitioners on bail and accordingly, their prayer for bail in connection with Bihara P.S. Case no. 117/1989 arising out of Sessions Trial no. 72/2016 pending in the court of Addl. Sessions Judge I, Saharsa stands rejected.

However, the learned trial court should expedite the trial of

Patna High Court Cr.Misc. No.47003 of 2016 (2) dt.28-10-2016 the petitioners and try to conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T