Patna High CourtCR. MISC./44048/2017dismissed

Sanjay Paswan v. The State Of Bihar

2017-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44048 of 2017 Arising Out of PS.Case No. -172 Year- 2014 Thana -MOKAMAH District- PATNA ======================================================

1. Sanjay Paswan, Son of Kedar Paswan, resident of Village- Morepurvi, P.S.- Mokama, and District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhim Sen Prasad For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 Heard the parties.

This application is for grant of regular bail in connection with Mokama P.S.Case No.172 of 2014for the offences under Sections 304(B), 498(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of dowry death, who happens to be husband and it further appears from perusal of the impugned order that there was 100% burn injury to the deceased.

Submission of the learned counsel for the petitioner is that it was an accidental fire and the petitioner is no way responsible for the same and he is in custody for about four years. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44048 of 2017 (3) dt.10-10-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, considering the fact that the petitioner is in custody for about four years, the learned court below is directed for commitment of the case and it must be committed within a period of one month and once the case is committed to the court of session, the learned trial court will conduct the trial on day to day basis so as to it may be concluded within a period of seven months. At the same time, the Sr. S.P., Patna is also directed to ensure presence of the witnesses in the court on each and every date so that the trial may be concluded within the period as specified.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T