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Patna High CourtCR. MISC./7398/2017dismissed

Dhananjai Kumar @ Laukesh v. The State Of Bihar

2017-04-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7398 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -HASPURA District- AURANGABAD ====================================================== Dhananjai Kumar @ Laukesh son of Shiv Bihari Singh, resident of VillPuhara, P.S.- Haspura, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Anju Mishra, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-04-2017 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Haspura P.S. case No.209 of 2015 corresponding to S.T. No.501 of 2016/ 127 of 2016 instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code, pending in the court of learned A.D.J. 4th, Daudnagar, Aurangabad.

Earlier the bail application of the petitioner was rejected vide Annexure-2 to the present application considering the fact that the petitioner is the husband of the deceased and the onus is on him to explain the cause of death of the deceased. A report was called for from the Trial Court regarding the stage of the case. It has been reported that out of nine witnesses, five prosecution witnesses have already been examined

Patna High Court Cr.Misc. No.7398 of 2017 (3) dt.19-04-2017 2/2 and only four prosecution witnesses are left to be examined. The trial is expected to the concluded within a period of 3-4 months. Considering the aforesaid facts and circumstances and the trial is already is progress, 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 conclude the trial within a period of four months from the date of receipt/production of a copy of this order. The District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad.

(Sudhir Singh, J) Narendra/- U T