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Patna High CourtCR. MISC./40048/2018rejected

Gurudeo Bahardar v. The State Of Bihar

2018-07-26Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40048 of 2018 Arising Out of PS.Case No. -562 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Gurudeo Bahardar, Son of Ramu Bahardar, resident of Village- Rampur Budheshwari, P.S.- Bairgachhi, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 21.07.2017 in connection with Sessions Trial No.363 of 2017 arising out of Forbesganj P.S. Case No.562 of 2017 registered for the offence under Sections 302, 307 and 504 of the Indian Penal Code, which is pending in the court of the learned 3rd Additional District & Sessions Judge, Araria.

Learned counsel for the petitioner submits that there are differences between the wife and the husband (the petitioner) and the alleged occurrence took place on account of certain anger and was not premeditated. Learned counsel for the petitioner submits that the petitioner has already been in custody since

Patna High Court Cr.Misc. No.40048 of 2018 (3) dt.26-07-2018 2/2 21.07.2017 and till now only the charge has been framed in connection with the present case. He further submits that there are serious contradictions in the prosecution story and, therefore, the petitioner may be extended the privilege of bail. However, considering all facts and circumstances of the case and taking into consideration that the petitioner was arrested from the place of occurrence itself in the night, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

The trial court is, however, directed to expedite the trial on day to day basis, so as to conclude the same positively by the 15th of January, 2019.

(Anjana Mishra, J) PNM U T