Md. Mumtaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47835 of 2017 Arising Out of PS.Case No. -415 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Md. Mumtaj, Son of Md. Mustak, Resident of Village- Olhampur, P.S.- Marhowrah, District- Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 269 of 2016, arising out of Marhowrah P.S. Case No. 415 of 2015 dated 01.11.2015 instituted initially for the offences under Sections 498(A) and other Sections of the Indian Penal Code but later, Section 302 of the Indian Penal Code was added. The petitioner is facing trial and out of twelve cited witnesses, five have already been examined. The aforesaid five witnesses have not supported the prosecution version. However, the trial court has sent a report stating that the seven witnesses are yet left to be examined which includes the doctor and the investigating officer. The trial court has also expressed hope that in all likelihood, the trial would be concluded within a period of

Patna High Court Cr.Misc. No.47835 of 2017 (4) dt.29-11-2017 six months.

The petition for bail is rejected for the present. If the trial is not concluded within a period of six months from the date of passing of this order, the petitioner would be at liberty to approach this Court again for grant of bail. (Ashutosh Kumar, J) KKSINHA/- U T