Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22782 of 2016 Arising Out of P.S.Case No. -104 Year- 2014 Thana -KANKARBAGH District- PATNA ====================================================== Vinay Kumar, son of Sri Brijnandan Singh Yadav, R/o Mohalla - Ashok Nagar, Road No. 9A, Kankarbagh, P.S. Kankarbagh, Dist. Patna permanent address resident of Village Premtola, P.S. Maner, Dist. Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh, Advocate. For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2016 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 207/2015, arising out of Kankarbagh P.S. Case No. 104/2014, registered under Sections 304B, 316/34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected vide order dated 06.08.2015 passed in Cr. Misc. No. 13036/2015 with a direction to the trial court to expedite the trial and conclude the same within nine months from the date of receipt of that order.

Learned counsel for the petitioner submits that nine witnesses have already been examined, out of which five witnesses have been declared hostile and only the doctor and the investigating officer are to be examined. The petitioner is the husband of the deceased and the deceased died within one year of

Patna High Court Cr.Misc. No.22782 of 2016 (2) dt.16-11-2016 2/2 her marriage in her Sasural and the trial is at its fag end. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Sessions Trial No. 207/2015, arising out of Kankarbagh P.S. Case No. 104/2014. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day-today basis and conclude the same within three months from the date of receipt / production of a copy of this order. The Senior Superintendent of Police, Patna is directed to ensure attendance of the doctor and the investigating officer in Sessions Trial No. 207/2015, arising out of Kankarbagh P.S. Case No. 104/2014, pending in the court of the learned 9th Additional Sessions Judge, Patna so that the same must be concluded within three months.

(Prabhat Kumar Jha, J) Dilip/- U T