High Court Patna High Court - Orders

Krishna Singh @ Krisan vs The State Of Bihar on 6 April, 2011

Patna High Court – Orders
Krishna Singh @ Krisan vs The State Of Bihar on 6 April, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr. Misc. No.11788 of 2011
                              KRISHNA SINGH @ KRISAN
                                             Versus
                                  THE STATE OF BIHAR
                                           -----------

02. 06.04.2011 Heard learned counsel for the petitioner and the

State.

This is the third attempt on behalf of the petitioner

before this Court seeking bail. He is facing charge punishable

under sections 372 and 373 IPC and under diverse sections of

the Prevention of Immoral Traffic Act. His first attempt was

considered and rejected by order dated 06.07.2009 (Annexure-

1). Reasons assigned for refusal of bail shall reflect the charge

levelled against the petitioner. He again moved this court for

bail in Cr. Misc. No.3382/2010 which was considered and

rejected by order dated 15.09.2010 (Annexure-1/1).

Learned counsel for the petitioner submits that

petitioner is in custody since 28.01.2009. It appears that the

petitioner moved the trial court for bail after order dated

15.09.2010 and the same was considered and rejected by order

dated 28.03.2011. It appears therefrom that on receiving

records of the case, step for framing of charge was taken. It was

found that the petitioner is lodged in Central Jail, Beur, Patna

in connection with S.Tr. No.2471/08 and, as such, production

warrant was issued. It thus appears therefrom that steps for

proceeding with the trial have already been taken by learned trial

court.

2

Having considered the submissions and after going

through the materials on record, this Court is satisfied that no

case for grant of bail is made out. Accordingly prayer is refused.

However, considering the facts that petitioner is in

custody since 28.01.2009, this Court observes that the trial

court shall endeavour to take up the trial as quickly as possible

and conclude the same by examining all prosecution witnesses

within eight (08) months from the date of

receipt/communication of the order, failing which the petitioner

shall have liberty to renew his prayer for bail.

( Kishore K. Mandal )
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