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Patna High CourtCR. MISC./15311/2017dismissed

Sunny Kumar Gupta @ Sunny Gupta v. The State Of Bihar

2017-05-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15311 of 2017 Arising Out of PS.Case No. -18 Year- 2014 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Sunny Kumar Gupta @ Sunny Gupta Son of Tarkeshwar Prasad @ Tarkeshwar Gupta resident of Mohalla - Gausganj, P.S. Ara (Town), District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2017 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Sessions Trial No.101 of 2014 arising out of Ara Town P.S. case No.18 of 2014 instituted for the offence under Sections 341, 323, 326, 307, 498A and 304B/34 of the Indian Penal Code, pending in the court of Adhoc Additional Sessions Judge 8th, Bhojpur at Ara. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is the husband of the deceased and the onus is upon him to explain the cause of death of the deceased. It is a case of dowry death. The Trial Court was directed to conclude the trial preferably within a period of one year from the date of receipt of the order.

Patna High Court Cr.Misc. No.15311 of 2017 (3) dt.10-05-2017 2/2 A report was called for from the Trial Court regarding the stage of the case. It has been reported that six prosecution witnesses have already been examined in the case and the trial is expected to be concluded within a period of four 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 conclude the trial within a period of four months from the date of receipt/production of a copy of this order.

The District Magistrate, Bhojpur at Ara and the Superintendent of Police, Bhojpur at Ara are also directed to take necessary steps to produce the 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, Bhojpur at Ara and the Superintendent of Police, Bhojpur at Ara.

(Sudhir Singh, J) Narendra/- U T