Patna High CourtCR. MISC./28702/2017dismissed

Mantu Chaudhary v. The State Of Bihar

2017-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28702 of 2017 Arising Out of PS.Case No. -312 Year- 2012 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Mantu Chaudhary Son of Vishwanath Chaudhary Resident of MohallaChaudhary, Mohalla, P.S. Dehri, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Dehri P.S.Case No.312 of 2012, registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

At the very outset, submission of the learned counsel for the petitioner is that he had earlier moved before this Court with a prayer for grant of bail, which was rejected, vide order dated 27.2.2013 passed in Cr. Misc. No.1381 of 2013 and order dated 12.3.2014 passed in Cr. Misc. No.51133 of 2013 and the further submission is that the petitioner is in custody for about three months. The last prosecution witness has also been examined and the statement of the accused has also been recorded under

Patna High Court Cr.Misc. No.28702 of 2017 (3) dt.18-07-2017 2/2 Section 313 of Cr.P.C. and the trial has not been concluded. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that as per submission of the learned counsel for the petitioner, the case is fixed for evidence of defence witness as early as possible. In such view of the matter, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it as soon as possible after conclusion of the evidence of defence witnesses.

The learned trial court is also directed to send progress report of the same after two months to this Hon'ble Court and the office is also directed to pale the same before this Court as soon as possible itself after its receiving as the petitioner is in custody for the last five years.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U