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2006 DIGILAW 163 (PAT)

Siya Rajbanshi v. State Of Bihar

2006-02-14

CHANDRAMAULI KR.PRASAD

body2006
Judgment 1. Prayer of the petitioner is for grant of bail in Silao (Rajgir) P.S. Case No. 68 of 2002 registered under Sections 364-A, 307 and 353/34 of the Indian Penal Code. 2. Such a prayer made by the petitioner was rejected by order dated 18.6.2003 passed in Cr. Misc. No. 13930 of 2003. 3. By order dated 3.1.2006. I had called for a report from the trial Court in regard to the reason for delay in disposal of the trial and the time which is likely to be taken in its conclusion. 4. In pursuance of the said order, the learned Additional Sessions Judge (Fast Track Court No. 5, Nalanda at Bihar Shariff) in session of the trial, has submitted its report, in which he has stated that out of 23 prosecution witnesses shown in the charge-sheet, only four witnesses have been examined. He has further stated that summons, bailable and non-bailable warrants of arrest, have already been issued to the witnesses but even thereafter, the witnesses have not been examined. According to the report, the request made by the Court to the Superintendent of Police Nalanda has not yielded any result. 5. The conduct of the police personnel including the Superintendent of Police, Nalanda in not taking interest in the trial of case in which the allegation is of kidnapping for ransom, does not speak well of them. 6. Let the Superintendent of Police Nalanda produce all the witnesses in connection with Sessions Trial No. 846 of 2002 arising out of Silao P.S. Case No. 68/2002 pending in the Court of the Additional Sessions Judge (Fast Track Court No. 5), Nalanda at Bihar Shariff within three months from today. 7. I have heard Mr. Pramod Kumar Sinha, learned for the petitioner and Dr. M.N. Jha, Additional Public Prosecutor for the State on petitioners prayer for bail. In view of nature of allegation and material available, I am not inclined to accede to the prayer of the petitioner. 8. Let a copy of this order be forwarded to the District and Sessions Judge, and the Superintendent of Police, Nalanda at Bihar Sharif as also the Director General of Police, Bihar, Patna for compliance. 9. Any deviation in carrying out the order shall be viewed seriously. 10. Application stands dismissed with the direction aforesaid.