Patna High CourtCR. MISC./12702/2020bail rejected

Mukesh Rai v. The State Of Bihar

2020-06-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12702 of 2020 Arising Out of PS. Case No.-228 Year-2017 Thana- BHELDI District- Saran ====================================================== Mukesh Rai, Son of Sri Bhagwan Rai, Resident of Mohalla - Khardaha, P.S.- Bheldi, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Sessions Trial No. 787 of 2018 arising out of Bheldi P.S. Case No. 228 of 2017, registered under Section 304B/34 of the Indian Penal Code, pending in the court of 4th Additional Sessions Judge, Saran at Chapra.

Admittedly, the prayer for bail of the petitioner, who happens to be the husband of the deceased, was earlier rejected twice on merit.

The report regarding the present stage of trial has already been received through letter no. 58 dated 18.03.2020 from the Additional Sessions Judge-IV, Saran at Chapra, which

Patna High Court CR. MISC. No.12702 of 2020(3) dt.15-06-2020 2/2 indicates that at the stage of prosecution evidence, in spite of issuing summons and bailable warrants against the non-official witnesses, prosecution witnesses have not turned up before the trial court. The trial court expects that the trial of the petitioner will be concluded within six months.

Since the prayer for bail of the petitioner has already been rejected twice on merit, I am not inclined to grant bail to him. Accordingly, his prayer for grant of bail stands rejected. However, the learned Additional Sessions Judge-IV, Saran at Chapra, is directed to conclude the trial of the petitioner within six months by taking all effective steps. If the trial of the petitioner will not conclude within the aforesaid six months, the petitioner would be at liberty to renew his prayer for bail after six months.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T