Birendra Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13523 of 2019 Arising Out of PS. Case No.-25 Year-2015 Thana- SIKTI District- Araria ====================================================== Birendra Rishideo, Age - 32 Yrs. Male S/o-Jaldhari Rishideo, Resident of village- Masunda, P.S. Sikty, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Naushaduzzoha For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-04-2019 Heard Sri Naushaduzzoha, learned counsel for the petitioner and Mr. Syed Ehteshamuddin, learned Additional Public Prosecutor.

The petitioner has renewed his prayer for bail in connection with Sikty P.S. Case No. 25 of 2015 (S.T. No. 480 of 2016) registered for the offence under Section 304B, 498A of the Indian Penal Code, 1860.

Earlier, prayer for bail of the petitioner was rejected considering the fact that petitioner was husband of the deceased and death occurred only within three years of marriage and it was death due to strangulation. By order dated 13.03.2019 a report was called for from the court below regarding stage of the case which has been received and kept at flag - 'R'. The report contained in letter no. 139 dated 25.03.2019 sent under the

Patna High Court CR. MISC. No.13523 of 2019(4) dt.03-04-2019 2/2 signature of learned 3rd Additional District & Sessions Judge, Araria makes it clear that evidence has already commenced and out of seven charge sheeted witnesses one prosecution witness has already been examined and thereafter N.B.W. and letter to S.P., Araria has been issued for securing attendance of witnesses. This shows that the trial judge is taking all steps for disposal of the trial. Accordingly, there is no reason to review my earlier order. The prayer for bail again stands dismissed with direction to the Superintendent of Police, Araria to secure attendance of witnesses as and when required by the learned trial judge. Learned trial Judge may also take steps for early disposal of the trial.

The prayer for bail stands dismissed.

Let a copy of this order be send to the Superintendent of Police, Araria for its compliance.

(Rakesh Kumar, J) praful/- U T