Patna High CourtCR. MISC./31810/2018rejected

Manish Pandey v. The State Of Bihar

2018-09-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31810 of 2018 Arising Out of PS.Case No. -54 Year- 2016 Thana -KAARAMCHAT SAHAYAK DistrictBHABHUA (KAIMUR) ======================================================

1. Manish Pandey, Son of Vijay Pandey, resident of Village- Majhiyaon, P.S.- Karamchat, District- Kaimur (Bhabhua).

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kanhaiya Pandey For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2018 Heard both sides.

The petitioner seeks bail in S.Tr. No.176/2017/58 of 2017 corresponding to Karamchat P.S. Case No.54/2016 registered under Section 304(B), 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 28.06.2017 passed in Cr. Misc. No.20520 of 2017 but there is no substantial progress in the trial. Not even a single witness has yet been examined. The petitioner is in jail since November, 2016. The petitioner has remained in jail for about two years. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail.

Patna High Court Cr.Misc. No.31810 of 2018 (3) dt.05-09-2018 2/2 Taking into consideration the fact and the nature of allegation made against the petitioner and the fact that the petitioner is husband, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected. 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 copy of this order.

The Superintendent of Police, Kaimur at Bhabhua is also directed to ensure the attendance of the prosecution witnesses in the trial court in connection with S.Tr. No.176/2017/58 of 2017 corresponding to Karamchat P.S. Case No.54/2016 so that the trial must be concluded within six months.

Let a copy of this order be sent to the Trial court as well as Superintendent of Police, Kaimur at Bhabhua for information and needful.

If the trial is not concluded within six months, the petitioner may renew his prayer for bail.

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