IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27651 of 2010
RINKU SINGH, Son of Sri Dwarika Singh, resident of
Villlage-Mohanpur Karja, Police Station Barhara in the
district of Bhojpur.
Versus
STATE OF BIHAR .
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3 12.10.2010 Having heard Mr. Akhileshwar Prasad Singh, learned
senior counsel appearing on behalf of the petitioner, counsel for
the State as also counsel for the Informant, while this Court
considering seriousness of the allegation for offence u/s 364 I.P.C.
as brought forward by the informant of the petitioner being last in
the company of the deceased and its being also corroborated in the
three statements under section 164 of the Code of Criminal
Procedure, this Court is not inclined to grant bail to the petitioner
for the present. Accordingly, prayer for bail of the petitioner is
rejected for the present.
The petitioner is in custody since 5.6.2010. Counsel
for the Informant would submit that the Informant will produce all
the named private witnesses in the chargesheet within a period of
six months from the date of framing of charge. The Superintendent
of Police, Bhojpur is also directed to ensure production of the
official witnesses including the Investigating Officer within the
same period of six months.
Since the petitioner is in custody and is the sole
accused, there should not be also any difficulty in either
committing the case or framing the charge. The trial court,
therefore, should take all expeditious steps to conclude trial of the
2
petitioner as expeditiously as possible preferably within a period
of nine months from the date of receipt/production of copy of this
order.
If the trial of the petitioner is not concluded within the
aforementioned period, the petitioner will have liberty initially to
move the trial court which then would record its reason for not
concluding the trial, whereafter the petitioner may renew his
prayer for bail before this Court.
Abhay Kumar ( Mihir Kumar Jha, J.)