Oral order rejecting bail application in an IPC case involving murder and kidnapping. Court noted trial nearing conclusion and denied bail despite petitioner's lack of antecedents. Directed trial to conclude within six months.
Prayer for 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.72345 of 2018
Arising Out of PS. Case No.-159 Year-2008 Thana- GOGRI District- Khagaria
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Md. Ameen @ Md. Amin S/o late Sanif Resident of Village- Gogari Mirkhana Ward No. 6, P.S. Gogari, District- Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Mallick For the Opposite Party/s : Mr.Sri Ashok Kumar Singh 1
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 09-04-2019
Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered under Sections 323, 503, 367, 372, 376, 495, 498, 302 of the Indian Penal Code.
The prosecution case, in brief, is that the accused persons took the victim to Panipat where she was got involved in flesh trade and after return, she found her mother dead.
It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-03-2018. It is submitted that no specific allegation has been made against the petitioner. It has further been submitted that no offence under Section 302 of the Indian Penal Code is made out. There is no eye witness to the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is named in the FIR. The trial is going on. The informant in her deposition has named the petitioner.
Patna High Court CR. MISC. No.72345 of 2018(6) dt.09-04-2019 2/2
A report was called for from the court below regarding stage of the trial. It has been reported by court below that five prosecution witnesses have already been examined and the trial is likely to be concluded within a period of six months.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Gogari P.S. Case No. 159 of 2008 is rejected.
Learned court below is directed to conclude the trial preferably within a period of six months from the date of receipt/production of copy of this order.
The District Magistrate, Khagaria and the Superintendent of Police, Khagaria are directed to ensure that the prosecution witnesses are produced in the court on the date fixed in the case, so that the trial could be concluded within the stipulated period.
Let a copy of this order be sent to the District Magistrate, Khagaria and the Superintendent of Police, Khagaria for needful.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the present circumstances.
1 provisions across 1 enactments
Md. Ameen @ Md. Amin
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
