Patna High CourtCR. MISC./32718/2016rejected

Bhim Paswan v. The State Of Bihar

2016-12-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32718 of 2016 Arising Out of PS.Case No. -9 Year- 2013 Thana -BIHARSHARIF GRP CASE District- PATNA ======================================================

1. Bhim Paswan Son of Umesh Paswan Resident of Village- Chandaura, Police Station Wena District Naladna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2016 Heard both sides.

The petitioner seeks bail in Biharsharif GRP P.S. case No. 09 of 2013 under Section 498A, 304B of the Indian Penal Code.

The learned counsel for the petitioner submits that, of course, the petitioner is husband of the deceased but there is omnibus and general allegation of assault. The dead body of wife of petitioner was found on railway track. The prayer of petitioner for bail was earlier rejected by this court vide order dated 08.09.2015 passed in Cr. Misc. No. 21510 of 2015 with a direction to the trial court to conclude the trial within nine months but the case has not yet been committed to the Court of Sessions. The petitioner is in jail since 03.02.2014 but it appears that other

Patna High Court Cr.Misc. No.32718 of 2016 (3) dt.21-12-2016 2/2 accused persons were absconding, therefore, the case was not committed to the Court of Sessions. Now the case has been committed to the Court of Sessions. The petitioner is the husband of deceased.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The learned 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.

The Superintendent of Police (Rail), Patna is directed to ensure the attendance of all the prosecution witnesses of Biharsharif GRP P.S. case No. 09 of 2013, in the court of learned 2nd Additional Sessions Judge, Patna so that the trial must be concluded within six months.

Let a copy of this order be sent to the learned trial court as well as Superintendent of Police (Rail), Patna for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T