Bharat Kumar Yadav @ Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23868 of 2019 Arising Out of PS. Case No.-41 Year-2016 Thana- AAJAM NAGAR District- Katihar ====================================================== Bharat Kumar Yadav @ Bharat Yadav Son of Late Budhu Yadav Resident of Village - Azamnagar, P.S. - Azamnagar, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.237 of 2016 arising out of Azamnagar P.S. case No.41 of 2016 registered under Section 302 of the Indian Penal Code, pending in the court of Addl. Sessions Judge II, Katihar. The earlier bail application of the petitioner was rejected vide Annexures 2, 3 and 4 to the present application taking into account that the petitioner is the husband of the deceased and strangulation mark was found on the neck of the deceased.

A report was called for from the court below regarding the stage of trial. It has been reported that out of eight witnesses six witnesses have already been examined and only

Patna High Court CR. MISC. No.23868 of 2019(3) dt.03-07-2019 2/2 two charge sheet witnesses are yet to be examined and the trial is expected to be concluded within a period of four months. Considering the nature of accusation and the stage of the trial, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of four months from the date of receipt/production of a copy of this order. The District Magistrate, Katihar and the Superintendent of Police, Katihar are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Katihar and the Superintendent of Police, Katihar. (Sudhir Singh, J) Narendra/- U T