Patna High CourtCR. MISC./21979/2015dismissed

Pulkit Ram v. The State Of Bihar

2015-09-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21979 of 2015 Arising Out of PS.Case No. -60 Year- 2012 Thana -PASRAHA District- KHAGARIA ======================================================

1. Pulkit Ram. Son of Bindeshri Ram. Resident of village - Bhanpura, P.S.- Kharik, District - Naugachhiya (Bhagalpur).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 395, 397 and 412 of the Indian Penal Code.

The petitioner was duly identified in the T. I. parade by four witnesses. Prayer for bail of the petitioner was earlier rejected by order dated 04.04.2014 vide Criminal Misc. No. 24370 of 2013. A report was called for from the court of the 2nd Additional Sessions Judge, Khagaria who reported that due to absence of the petitioner the trial could not be completed as the petitioner was sent to Central Jail, Bhagalpur. The petitioner is in jail since 04.09.2012 i.e. for three years.

Considering the nature of allegation, I am not

Patna High Court Cr.Misc. No.21979 of 2015 (4) dt.08-09-2015 inclined to enlarge the petitioner on bail in connection with Pasraha P.S. Case No. 60 of 2012 corresponding to Sessions Trial No. 141 of 2013 pending in the court of the learned 2nd Additional Sessions Judge, Khagaria. His prayer for bail is, accordingly, again rejected.

However, the learned trial court is directed to expedite and hold the trial of the petitioner on day to day basis and conclude the same within a period of six months from the date of receipt or production of a copy of this order. If the trial is not concluded within the time aforesaid, the petitioner may renew his prayer for bail.

The Superintendent of Police, Khagaria is directed to ensure presence of the prosecution witnesses on the date fixed in the session trial so that the trial must be concluded within six months.

Let a copy of this order be also communicated to the Superintendent of Police, Khagaria forthwith for needful. (Prabhat Kumar Jha, J) Amin/- U