Manohar Lal @ Manohar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8496 of 2019 Arising Out of PS. Case No.-222 Year-2016 Thana- AAJAM NAGAR District- Katihar ====================================================== MANOHAR LAL @ MANOHAR ROY Son of Late Kulesh Rai Resident of Village- Azamnagar Harijan Tola, P.S. Azamnagar District Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected twice by this Court, vide order dated 01.09.2017 passed in Cr. Misc. No.39346 of 2017 and order dated 19.09.2018 passed in Cr. Misc. No.53542 of 2018.

This case is under Section 304B of the Indian Penal Code and the petitioner happens to be husband. Submission of the learned counsel for the petitioner is that he is in custody for about 1 1⁄2 years but up till now not a single witness has been examined..

Heard learned A.P.P. and from perusal of the report it appears that charge has been framed and the bailable warrant has been issued to the witnesses .

Patna High Court CR. MISC. No.8496 of 2019(4) dt.27-03-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, since as the petitioner is in custody , the learned trial court is directed to expedite the trial . At the same time, the S.P., Katihar is directed to ensure presence of the witnesses in the court concerned so that trial may be expedited.

(Vinod Kumar Sinha, J) chn/- U T