Marwari Chaudhari @ Mirwari Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25967 of 2021 Arising Out of PS. Case No.-420 Year-2017 Thana- NAUTAN District- West Champaran ====================================================== MARWARI CHAUDHARI @ MIRWARI CHAUDHARI Son of Sheodhari Chaudhari Resident of Village - Bheriharawa, P.S. - Nautan, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7 For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner seeks bail in Nautan P.S. Case No. 420 of 2017 corresponding to Sessions Trial No. 36 of 2018 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner happens to be husband of the deceased and the onus is upon the petitioner to explain cause of death of his wife (deceased).
A report was called for from the trial court. It has been reported that out of eight prosecution witnesses, five
Patna High Court CR. MISC. No.25967 of 2021(3) dt.08-09-2021 2/2 prosecution witnesses have already been examined. Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of copy of the order. The District Magistrate and the Superintendent of Police, Bettiah, West Champaran are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months.
Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Bettiah, West Champaran for needful.
(Sudhir Singh, J) A.K.V.//- U T