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Patna High CourtCR. MISC./41781/2016rejected

Sunil Kumar Mahto v. The State Of Bihar

2016-11-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41781 of 2016 Arising Out of PS.Case No. -6 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Sunil Kumar Mahto Son of Satya Bhuwan Mahto, Resident of VillageChandrapur, P.S.- Hasanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-304B, 201/34 of the Indian Penal Code. Petitioner happens to be husband of the deceased who died in mysterious circumstances.

There is allegation of illegal demand as well as torture against the petitioner. However, it is informed that trial of the petitioner has commenced and two prosecution witnesses have already been examined.

Considering the aforesaid facts and circumstances as well as submission of the parties, I do not think it proper to release the petitioner on bail at least, at this stage and accordingly, his

Patna High Court Cr.Misc. No.41781 of 2016 (3) dt.24-11-2016 2/2 prayer for bail in connection with Hasanpur P.S. Case No. 06 of 2014 corresponding to Sessions Trial No. 267 of 2016 pending in the court of learned Additional Sessions Judge, Rosera, Samastipur stands rejected.

However, learned trial court should expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within six months from the date of receipt/production of copy of this order.

(Hemant Kumar Srivastava, J) A.K.V./- U T