Nawal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28017 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== Nawal Sahni, S/O Late Pundeo Sahni, R/O Village- Sarsawaghat, P.S. Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-06-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Chiraiya P.S. Case No. 98 of 2020 for the offences punishable under Sections 304B/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that all the accused persons including this petitioner, who happens to be husband of the deceased, killed her Nanad and burnt the dead body on the bank of river without giving information to the people of the Maika.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.28017 of 2021(9) dt.28-06-2022 2/2 fairly submits that so far the trial of this case is concerned, all the prosecution witnesses have been examined and the informant has turned hostile. It is further submitted that even during the course of trial no witness has supported the prosecution case.

On the other hand learned APP for the State submits that the petitioner happens to be the husband of the deceased and the trial is at the fag end.

Having considered the submissions made on behalf of the parties and taking into consideration the nature of accusation and the stage of the trial, which is at the fag end, this Court is not persuaded to enlarge the petitioner on bail, for the present. Accordingly, the present application stands rejected with liberty to the petitioner to renew his prayer for bail, if the trial is not concluded within a period of two months. Learned trial court is directed to ensure conclusion of the trial within the aforesaid period.

(Harish Kumar, J) uday/- U T