Imran Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43135 of 2015 Arising out of PS.Case No. -215 Year- 2013 Thana -RAJAULI District- NAWADA ====================================================== Imran Khan, Son of Abhas Khan @ Pairu Khan, resident of Village- P.S.- Rajauli, District- Nawada.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sheo Kumar Prasad, Advocate. For the Opposite Party : Mr. Smt.Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2015 Heard learned counsels for the petitioner, informant and learned counsel for the State The petitioner is languishing in custody since 20.10.2013 in connection with Rajauli P.S. Case No. 215 of 2013 for the offences instituted under Section 302/34 of the IPC. The prosecution story, in brief, is that one Salma Khatoon gave the written report before the concerned police officer alleging inter-alia that the marriage of the informant's daughter, namely, Gulsan Bano, was performed in the year 2010 with the Imran Khan according to the Muslim customs. Imran Khan is the resident in the same village. After marriage, Gulsan Bano lived happily one year and born one male child. Thereafter, all the accused persons demanded one Katha land. But the
Patna High Court Cr.Misc. No.43135 of 2015 (4) dt.17-12-2015 2/3 informant had not fulfilled the same then the accused person tortured in various way. Sometime, compromise was done in presence of co-villagers but the accused person always ousted the daughter of the informant from the house.
Vide order dated 24.11.2015, a report regarding the stage of the case was called for from the Additional District Judge-IV, Nawada, which has been received and kept at Flag-A. From perusal of the report sent by the learned trial court, it appears that out of six witnesses, four witnesses have already been examined in the case and only two witnesses are left to be examined. One is the private witness and other is Investigating Officer. Learned counsel for the informant has submitted that he will get the private witness examined within a period of one month. As far as the examination of the Investigating Officer is concerned, the District Magistrate, Nawada, is directed to ensure that the Investigating Officer of the present case be produced on the date fixed by the learned Trial Court.
In the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Rajauli P.S. Case No. 215/2013, corresponding to Sessions Trial No. 95 of 2014/ 32/2014, pending in the court of the learned A.D.J. IVth, Nawada. The learned Trial Court is directed to take
Patna High Court Cr.Misc. No.43135 of 2015 (4) dt.17-12-2015 3/3 all necessary steps to expedite the trial and conclude the same preferably within a period of four months from the date of receipt/production of a copy of this order.
Let a copy of this order be sent to the District Magistrate, Nawada, for doing the needful.
U.K./- (Sudhir Singh, J) U T