Chhotu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9796 of 2019 Arising Out of PS. Case No.-109 Year-2016 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Chhotu Bind Son of Raj Kumar R/o Village- Sirbit, P.S.- Chainpur, DistrictKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S. Tr. No. 413 of 2016/117 of 2017, arising out of Chainpur P.S. Case No. 109/2016, instituted for offences under Section(s) 304(B), 201/34 of the Indian Penal Code. Earlier prayer for bail of petitioner was rejected on merit by a Co-ordinate Bench of this Court vide order dated 25.08.2017 passed in Cr. Misc. No. 16860/2017 by which trial court was directed to expedite the trial and conclude the same within a period of one year.

Petitioner is husband of deceased.

It is alleged that daughter of informant was married with this petitioner three years back. She was tortured in her Sasural for non-fulfillment of demand of dowry and motorcycle. It is alleged that on 11.05.2016, daughter of informant was burnt to death and her dead body was cremated.

Patna High Court CR. MISC. No.9796 of 2019(9) dt.09-08-2019 2/2 Report from the court below regarding stage of trial has been received, wherein it is mentioned that out of 7 witnesses, 3 witnesses have been examined. N.B.W. has been issued against other witnesses. Trial Court has mentioned that case will be disposed off within six months.

In such circumstances, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial and conclude the same within a period of six months, as mentioned in the report, either by fixing the case on day to day basis or by giving short adjournment.

Petitioner may renew prayer for bail in the event trial is not concluded within aforesaid period.

The S.P., Kaimur at Bhabhua is directed to produce the witnesses in the court below on the date fixed by the trial court. The court below will take all steps for speedy trial of the case.

(Sanjay Priya, J) rakhi/- U T