Patna High CourtCR. MISC./14479/2015bail granted

Md. Barik v. The State Of Bihar

2016-08-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14479 of 2015 Arising Out of PS.Case No. -47 Year- 2013 Thana -MAHILA P.S. District- PURNIA ====================================================== Md. Barik, Son of Late Sarfuddin, resident of village - Mahendrapur, P.S. Muffassil, Ranipatra Sadar, District - Purnea .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Bharati, Advocate. For the Opposite Party/s : Smt.Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 04-08-2016 Learned counsel for the parties have assisted the Court.

The petitioner seeks bail in connection with Mahila P.S.Case No. 47 of 2013 dated 03.08.2013 instituted under Sections 376/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 10.09.2014 passed in Cr. Misc. No. 14987 of 2014.

Earlier, by order dated 08.04.2016, a report was called for from the court below. Pursuant to the same, a report has been received from the 3rd Additional District and Sessions Judge, Purnea dated 25.04.2016. Perusal of the same discloses that the case was likely to be disposed off within two months. However,

Patna High Court Cr.Misc. No.14479 of 2015 (5) dt.04-08-2016 2/2 learned counsel for the petitioner submits that, as of today, only one prosecution witness i.e., the Investigating Officer, remains to be examined.

In view of the aforesaid, the Court is not inclined to consider the prayer for bail of the petitioner. Accordingly, the application stands dismissed.

However, the trial court is directed to ensure that the remaining prosecution witness, as per the stand of the learned counsel for the petitioner, is examined latest by 20th August, 2016 and the case thereafter be disposed off expeditiously. It is made clear that the trial court shall strictly adhere to the time frame fixed.

Registry shall communicate the order to the court below through Fax also latest by tomorrow for compliance. (Ahsanuddin Amanullah, J) Sujit/- U T