Bhola Mishra @ Damdam @ Damdam Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17800 of 2021 Arising Out of PS. Case No.-102 Year-2017 Thana- TEKARI District- Gaya ====================================================== BHOLA MISHRA @ DAMDAM @ DAMDAM MISHRA Son of Sri Nakul Mishra Resident of Village - Bhaismara, P.S.- Tekari , Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.
The petitioner seeks bail in Tekari P.S. Case No. 102 of 2017 instituted for the offences under Sections 304(B), 201, 120(B), 34 of the Indian Penal Code and 3⁄4 of the D.P. .Act. This is the third attempt for grant of bail on behalf of the petitioner. The earlier bail applications of the petitioner were rejected vide Annexure-1 series to the present application taking into account that the petitioner was the husband of the deceased and the onus was upon him to explain the cause of death.
Patna High Court CR. MISC. No.17800 of 2021(4) dt.01-12-2021 2/2 A report was called for from the Court below. It has been reported that out of seven prosecution witnesses, two prosecution witnesses have already been examined and the trial is likely to be concluded within a period of six months. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the case and conclude the trial at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J) Pankaj/- U T