Badari Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43563 of 2014 Arising Out of PS.Case No. -178 Year- 2012 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Badari Turha, Son of Late Ghanshi Turha, Village-Bathuwaria, P.S.- Bathuwaria, District-West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kr Singh No. 1, Advocate. For the Opposite Party : Mr. Md. A.Haque Sahau (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard both sides.

The petitioner seeks bail in Chautarwa (Bhathwaria) P.S. Case No. 178 of 2012 under Section 307 of the Indian Penal Code and 27 of the Arms Act.

The petitioner is alleged to have fired which hit on the right side of abdomen. The doctor found one entry wound on right lumber(posterior aspect) region of abdomen and one lacerated wound.

Learned Trial Court reported that only Doctor and Investigating Officer are left to be examined. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected in

Patna High Court Cr.Misc. No.43563 of 2014 (5) dt.28-04-2015 2 / 2 Sessions Trial No. 89 of 2014, arising out of Chautarwa ( Bathwaria) P.S. Case No. 178 of 2012, pending before the court of learned 3rd Additional Sessions Judge, Bagaha, West Champaran.

The Trial Court is directed to expedite the trial and conclude the same within five months from the date of receipt of this order. The Superintendent of Police, Bagaha, West Champaran, is directed to ensure the attendance of the Investigating Officer as well as the Doctor who firstly examined the injured in hospital so that the trial must conclude within the stipulated time. If the trial is not concluded without fault of the petitioner, the petitioner may renew his prayer for bail firstly in the Trial Court.

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