Ramakant Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43507 of 2015 Arising Out of PS.Case No. -30 Year- 2010 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramakant Prasad S/o Brij Mohan Prasad Resident of Village-Narkatiya, P.S.-Darpa, District-East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Pradeep Narayan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This is the third attempt of the petitioner for getting bail in Darpa P.S. Case No. 30 of 2010 corresponding to Sessions Trial No. 30 of 2012 in which, petitioner has been charged for the offence punishable under Sections-304B, 201/34 of the Indian Penal Code.
It would appear from perusal of order dated 26-062014 passed in Cr. Misc. No. 14287 of 2014 that this court had directed the trial court to dispose off the trial of the petitioner preferably, within a period of nine months but the impugned order dated 05-07-2015 reveals that out of 11 proposed prosecution
Patna High Court Cr.Misc. No.43507 of 2015 (2) dt.22-09-2015 2/2 witnesses, uptill now, only 6 prosecution witnesses could be examined. Petitioner being husband of the victim is in jail custody since 18-10-2011 and therefore, it appears that there is no likelihood of conclusion of trial of the petitioner in near future. Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Darpa P.S. Case No. 30 of 2010 corresponding to Sessions Trial No. 30 of 2012 to the satisfaction of learned Additional Sessions Judge-XII, East Champaran, Motihari subject to condition that the petitioner shall attend the trial court, in person on each and every date for a period of nine months or till conclusion of his trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J) A.K.V./- U T