Salendra Sao @ Satendra Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30829 of 2021 Arising Out of PS. Case No.-60 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== SALENDRA SAO @ SATENDRA SAO S/O KARU SAO R/O VILLAGESACHI, P.S.-KURTHA, DISTRICT-ARWAL. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has renewed his prayer for bail in connection with Sessions Trial no.278 of 2019/61 of 2020 (arising out of Kurtha P.S. Case no.60 of 2019) registered under sections 302, 304B and 34 of the Indian Penal Code. As per allegations in the F.I.R., the sister of the informant who was married to the petitioner herein was done to death by the accused persons.
It is submitted by learned counsel for the petitioner that the petitioner happens to be the husband of the deceased. The earlier application for bail was rejected vide order dated 24.7.2020 passed in Cr. Misc. no.3476 of 2020. Inspite of the petitioner being in custody since 2.5.2019, inspite of the
Patna High Court CR. MISC. No.30829 of 2021(3) dt.01-09-2021 2/3 direction having been given in this Court's order dated 24.7.2020 to expedite the trial, there is no progress whatsoever in the learned trial court although charge was framed in 2019. Heard learned A.P.P. for the State.
A report was called for from the learned trial court. As per the report received contained in letter dated 6.8.2021 of the 4th Additional Sessions Judge, Jehanabad, charge was framed on 6.11.2019 however none of the seven prosecution witnesses mentioned in the chargesheet could be examined due to Covid19 pandemic. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the report of the learned trial court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.278 of 2019/61 of 2020 (arising out of Kurtha P.S. Case no.60 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV, Jehanabad.
In view of the stage of the case, it is directed that subject to the Covid-19 protocol fixed by the learned trial court, the petitioner shall remain physically present in Court on each
Patna High Court CR. MISC. No.30829 of 2021(3) dt.01-09-2021 3/3 date of the trial and in case of the petitioner's absence on any date for reasons not to the satisfaction of the learned trial court, the learned trial court may proceed to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T