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)