Petitioner sought bail in a murder case. The High Court denied bail but directed the trial court to conclude the trial within nine months, after which bail could be reconsidered.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54509 of 2017
Arising Out of PS.Case No. -35 Year- 2017 Thana -ADHAURA District- BHABHUA (KAIMUR)
====================================================== 1. Lalkesh Singh S/o Satya Narayan Singh R/v Sorha, P.S. Adhaura, Distt. Kaimur (Bhabua).
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 02-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.
The petitioner is alleged to have caused injury and death of the wife of the informant alleging that she was a witch. Other witnesses have also stated before the police that the deceased disclosed that the petitioner had caused injury to her.
Submission of the learned counsel for the petitioner is that the petitioner is in custody since 13.07.2017 and the post-mortem report would reveal that the nature of the injury was such that the victim must not have spoken anything. The petitioner has got no criminal antecedent.
Considering the aforesaid, I am not inclined to
Patna High Court Cr.Misc. No.54509 of 2017 (3) dt.02-01-2018
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enlarge the petitioner on bail for the present in connection with Adhoura P.S. Case No. 35 of 2017 pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua.
However, the leaned trial court is directed to conclude the trial within nine months from today, failing which the petitioner shall be at liberty to renew his prayer for bail which shall be disposed of in accordance with law.
Kundan/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a murder case pending in the trial court.
Lalkesh Singh
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
