Abhishek Das @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4948 of 2020 Arising Out of PS. Case No.-587 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Abhishek Das @ Abhishek Kumar, male, aged about 24 years, Son of Yogendra Ram @ Yogendra Das @ Yogendra Bharti, Resident of MohallaImamganj, Dhobighat, P.S.-Town, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-09-2020 Heard Mr. Dharmendra Kumar Paswan, learned counsel for the petitioner and Ms. Puspha Sinha, learned APP for the State.

The prayer for bail of the petitioner was earlier rejected vide order dated 28.02.2019 passed in Cr. Misc. No. 3573 of 2019.

The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No. 587 of 2018, dated

Patna High Court CR. MISC. No.4948 of 2020(6) dt.29-09-2020 2/3 10.08.2018, instituted for the offences under Sections 498A, 307 and 326 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

On the last occasion, i.e., on 08.07.2020, a report had been called for from the Court below about the stage of the case as the petitioner was reported to be in custody since 10.08.2018.

The report has since been received, which is kept at Flag 'A'.

It appears from the report that there has not been any substantial progress in the trial of the case. A petition under Section 227 of the Code of Criminal Procedure also appears to have been filed by the accused/Jogendra Ram and the case is pending hearing of the aforementioned petition.

In any view of the matter, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

The prayer for bail is, accordingly, rejected. However, the Trial Court is directed to expedite the

Patna High Court CR. MISC. No.4948 of 2020(6) dt.29-09-2020 3/3 trial and conclude the same within a period of one year from the date of receipt/production of a copy of this order. If there is no substantial progress in the trial within the aforesaid period, the petitioner would be at liberty to approach the Trial Court again for grant of bail. In that event, the Trial Court would be required to state the reasons why the trial has not been concluded within the stipulated period, despite the petitioner having remain in custody since 10.08.2018.

With the aforesaid observation/direction, the application stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- U T