Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53702 of 2017 Arising Out of PS.Case No. -166 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Sunil Kumar Singh, S/o-late Ram Kripal Singh, R/o-Guiri Pachak, P.S.- Tekari, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2018 Heard both sides.

The petitioner seeks bail in S. Tr. No.80 of 2015, arising out of Paliganj P.S. Case No.166 of 2014 registered under Section 302 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 01.03.2017 with a direction to the trial court to conclude the trial within six months from the date of receipt of the aforesaid order. The Dy.S.P., Danapur/A.S.P., Danapur was directed to ensure the attendance of all the prosecution witnesses in the court but the report of learned Additional Sessions Judge-II, Danapur shows that only two prosecution witnesses have been examined. On such, the Dy.S.P., Danapur/A.S.P., Danapur were summoned and directed to present physically in court and they are

Patna High Court Cr.Misc. No.53702 of 2017 (5) dt.11-04-2018 2/2 present in court and submitted that they did not receive the order dated 01.03.2017 passed in Cr. Misc. No.47297 of 2016. The learned Additional Public Prosecutor submits that within two months, all the prosecution witnesses shall be examined.

Taking into consideration the fact that the petitioner is alleged to have strangulated his wife to death and went to the Police Station to lodge case, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The D.S.P., Paliganj and S.H.O., Paliganj are present in court and they undertook to ensure the examination of prosecution witnesses within two months.

The Trial Court is directed to hold the trail on day to day basis and conclude the same within three months. The personal appearance of D.S.P., Paliganj and S.H.O., Paliganj is dispensed with. If the trial is not concluded within three months from the date of receipt of the order, the petitioner may renew his prayer for bail.

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