Yashodanand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20058 of 2020 Arising Out of PS. Case No.-79 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== YASHODANAND MISHRA Son of Sri Hem Narayan Mishra Resident of Village - Makranda, Bhadarso, P.S.- Manigachhi, District - Darbhanga (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Manigachhi P.S. case No.79 of 2018 (S.T. No.95 of 2019) registered for the offence under Sections 304(B)/34 of the Indian Penal Code, pending in the court of Additional District and Sessions Judge IVth, Darbhanga.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into

Patna High Court CR. MISC. No.20058 of 2020(3) dt.16-09-2020 2/2 account that the petitioner is the husband of the deceased and the onus is on him to explain the cause of death of the deceased. The son of the petitioner has also supported the allegations made in the F.I.R.

A report was called for from the trial court regarding the stage of the trial. It has been reported that four prosecution witnesses have already been examined and remaining witnesses are yet to be examined.

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 six months from the date of restoration of normalcy.

(Sudhir Singh, J) Narendra/- U T