IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16278 of 2011
Rupam Pathak
Versus
The State Of Bihar
-------
08/ 02.09.2011 Heard learned counsel for the petitioner as well as learned
counsel appearing for the CBI assisted by learned counsel for the
informant.
Petitioner is said to be the main assailant but admittedly,
after investigation, CBI submitted charge sheet under section 304 part
I of the IPC and after submission of the charge sheet, the learned court
below took cognizance for the above stated offence and in course of
trial, the trial court framed charge under section 304 part I of the IPC.
It is pointed out by learned counsel for the petitioner that
after examination of four prosecution witnesses, the trial court altered
and framed charge under section 302 of the IPC.
It is further contended by learned counsel for the petitioner
that only one blow was given by the petitioner and that too from
behind of the deceased. So, the aforesaid facts clearly suggest that
there was no intention to kill the deceased. It is further contended by
him that, as a matter of fact, the petitioner was sexually harassed by
the petitioner and one another person for which the petitioner filed
police case in which police, in collusion with the deceased, filed final
form against which the petitioner had filed protest petition.
On the other hand, learned counsel appearing for the CBI
submits that CBI would produce its witnesses within six months if the
trial of the petitioner is taken on day to day basis.
-2-
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, I am not inclined
to release the petitioner on bail. Accordingly, the prayer for bail of the
petitioner in connection with R.C. no. 0922011S0001 of 2011 is,
hereby, rejected.
However, the learned trial court should expedite the trial of
the petitioner and should conclude the same within six months from
the date of receipt of a copy of this order and if CBI requests before
the trial court, the trial court may take trial of the petitioner on day to
day basis. Furthermore, CBI shall adduce all its evidence within six
months from the date of receipt of a copy of this order.
It is made clear that if CBI fails to adduce its all evidence
before the trial court within six months from the date of receipt of a
copy of this order to the concerned court, the petitioner may renew her
prayer for bail before the court below itself.
Let this order be communicated to the Special Judicial
Magistrate-II (CBI), North Bihar, Patna in connection with R.C. no.
0922011S0001 of 2011 through FAX at the cost of the petitioner.
shahid (Hemant Kumar Srivastava,J)