In a bail petition for a murder case, the Patna High Court rejected the prayer for regular bail due to cogent material indicating complicity in the child's strangulation. The court directed the trial court to conclude the trial within six months.
Prayer for regular bail rejected; trial directed to be concluded within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49287 of 2018
Arising Out of PS.Case No. -160 Year- 2017 Thana -SANHOLA District- BHAGALPUR
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. U.L. Verma, APP
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 12-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner has been in custody since 08.08.2017 in connection with Sanhoula P.S. Case No. 160 of 2017 registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.
Learned counsel for the petitioner submits that the trial of the case is under progress and there is no cogent evidence against the petitioner.
Learned counsel for the State, however, submits that
at the time of rejection of the earlier petition vide order dated 18.01.2018 passed in Cr. Misc. No. 60663/2017, the matter was considered at length and the prayer for bail of the petitioner was
Patna High Court Cr.Misc. No.49287 of 2018 (2) dt.12-09-2018
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rejected for valid reasons.
Considering the aforementioned facts and
circumstances, I am not inclined to grant regular bail to this petitioner as there was cogent material available before the Court to indicate the complicity of the present petitioner in strangulation of the baby child whose body was subsequently found in a well.
As such, the prayer for bail is again rejected.
However, the trial Court is directed to expedite the trial so as to conclude the same positively within a period of six months.
(Anjana Mishra, J)
Saif/-
U T
2 issues framed by the court
Whether regular bail should be granted in a murder and attempt to murder case pending trial.
Whether the trial court should expedite the trial of the petitioner.
Amna Khatoon W/o Samshir
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
