IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.11101 of 2009
RANJEET TELI son of Nepali Sah
Versus
STATE OF BIHAR
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11/ 22.06.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 364-A of the Indian Penal Code.
Submission is that the petitioner is not named in the First
Information Report and subsequently even though he was named by
the victim but there is nothing specific against him.
In view of the nature of allegation, I am not inclined to
grant bail to the petitioner.
Prayer for bail is rejected.
The trial court is directed to expedite the trial in view of
the serious nature of the offence.
Perused the report of the Chief Judicial Magistrate,
Muzaffarpur, stating therein that the petitioner was not being produced
from Ara Jail despite orders due to which the trial of petitioner is being
hampered.
It is desirable that the petitioner be brought to
Muzaffarpur on a fixed date so that police papers can be supplied to
him on the said date and the matter can be committed to the Court of
sessions even by separating his trial, if required. On the next date on
commitment, charges shall be positively framed against the petitioner
and thereafter the petitioner may be sent back to Ara Jail for his trial in
other cases, if required.
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The petitioner undertakes to file an application under
section 317 Cr. P. C. on the dates falling after charge so that the trial
can be held even in his absence but in presence of his advocate as
required in law. On the date the prosecution requires the petitioner to
be present in court for his identification, the authorities concerned
shall ensure the attendance of the petitioner so that no party is
prejudiced during trial.
Let this order be communicated to the I.G. (Prison),
Bihar, and the Principal Secretary, Home Department, Govt. of Bihar,
for proper compliance of the order.
The court below will send a compliance report to this
court within six weeks.
List this case after six weeks under the heading “To Be
Mentioned” with the report of the court below.
JA/- (Anjana Prakash, J.)