Patna High CourtCR. MISC./45470/2017disposed

Vinod Mali @ Binod Mali v. The State Of Bihar

2017-11-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45470 of 2017 Arising Out of PS.Case No. -417 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Vinod Mali @ Binod Mali, S/o Ram Bachan Mali, resident of VillagePalka, P.S.- Bhabua, District- Kaimur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 495 of 2016/334 of 2016, arising out of Bhabua P.S. Case No. 417 of 2016, registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code. Allegation against the petitioner is of dowry death and petitioner is said to be husband of the deceased. Submission of learned counsel for the petitioner is that nothing specific has been attributed against the petitioner and he is in custody since 11.7.2016. Further submission is that marriage was solemnized in the year 2009 and death took place in 2016. Heard learned APP also.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.45470 of 2017 (3) dt.07-11-2017 2/2 circumstances, as stated above, and from perusal of record it appears that case is pending for examination of informant and I.O. and other witnesses have already been examined, learned trial court is directed to expedite the trial and try to conclude it within a reasonable period. However, as the three witnesses have been examined and all have been declared hostile, learned trial court should examine the informant first and take all possible steps for that. At the same time, Superintendent of Police, Kaimur is directed to ensure the presence of informant and other witnesses in court so that trial be concluded and once evidence of informant is recorded, the petitioner will be at liberty to renew his prayer for bail, which will be disposed of on the basis of materials available on record at that time.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U