Md. Shamsher Alam @ Shamsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8263 of 2019 Arising Out of PS. Case No.-116 Year-2017 Thana- Govindpur District- Nawada ====================================================== Md. Shamsher Alam @ Shamsher Alam (Male age about 28 years), son of Nezamuddin @ Nezam, Resident of Village-Baniya Bigha, P.S.-Govindpur, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-02-2019 Heard Sri Birendra Kumar, learned counsel for the petitioner and Sri Nityanand, learned Addl. Public Prosecutor. This is second attempt for grant of bail on behalf of the petitioner in Sessions Trial No. 88 of 2018/ 20 of 2018, arising out of Govindpur P.S. Case No. 116 of 2017 registered for the offence under Section 304(B) of the Indian Penal Code. The petitioner's prayer for bail being husband of the deceased was earlier rejected. Learned counsel for the petitioner submits that despite the fact that there are 12 witnesses cited in the chargesheet, only 3 witnesses have been examined till date. Considering the fact that on merit, the prayer for bail of the petitioner was already rejected, there is no reason to again entertain the prayer for bail. However, considering the fact that

Patna High Court Cr.Misc. No.8263 of 2019(2) dt.13-02-2019 2/2 the trial is going on, while dismissing the prayer for bail, it is desirable to observe that the learned trial judge may take appropriate steps, so that the case may come to its logical end without unnecessary delay.

(Rakesh Kumar, J.) nawalkrs/- U T