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Patna High CourtCR. MISC./42390/2017rejected

Md. Mozibur Rahman v. The State Of Bihar

2017-09-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42390 of 2017 Arising Out of PS. Case No.-122 Year-2003 Thana- JOKIHAT District- Araria ====================================================== Md. Mozibur Rahman son of late Mahfooz, R/o village- Artia, P.S.- Jokihat, District- Araria ................. ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. SRI ABHAY KUMAR ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 11.07.2016 passed in Cr. Misc. No. 22117 of 2016, on the ground that the petitioner is suffering in custody since 03.10.2015, up-till now no prosecution witness has been examined and in near future the trial is not likely to be concluded.

Learned APP opposes the prayer of bail by submitting that the petitioner has caused injuries to his wife resulting her death which she has stated to the informant.

In the facts and circumstances of the case, finding no ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected in connection with Sessions Trial No. 29 of 2016 pending in the court of learned 2nd

Patna High Court Cr.Misc. No.42390 of 2017(2) dt.06-09-2017 2/2 Additional Sessions Judge, Araria.

However, considering the period of detention, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within four months from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U