Dilip Rai @Dilip Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18702 of 2019 Arising Out of PS. Case No.-12 Year-2016 Thana- GARDANIBAG District- Patna ====================================================== Dilip Rai @DILIP Kumar Rai S/o- Sri Brijnandan Rai R/v- Kharanja Road, Mainpura, P.S.- Danapur, District- Patna, at present resident of VillageQuarter No. 14, Road No. 2, Gardanibagh, P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== 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.494 of 2016 arising out of Gardanibagh P.S. case No.12 of 2016 registered under Sections 302/34 of the Indian Penal Code, pending in the court of Additional Sessions Judge X, Patna. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner is the husband of the deceased and the onus is upon him to explain the cause of death of the deceased.

A report was called for from the court below regarding the stage of trial. It has been reported that there are

Patna High Court CR. MISC. No.18702 of 2019(3) dt.03-07-2019 2/2 ten charge-sheeted witnesses including two official witnesses. Summons have already been issued upon the witnesses. The trial is expected to be concluded within a period of twelve 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 twelve months from the date of receipt/production of a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna 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, Patna and the Senior Superintendent of Police, Patna.

(Sudhir Singh, J) Narendra/- U T