Patna High CourtCR. MISC./28682/2021rejected

Arun Singh v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28682 of 2021 Arising Out of PS. Case No.-388 Year-2018 Thana- MAHUA District- Vaishali ====================================================== ARUN SINGH Son of Mahadeo Singh Resident of Village- Chainpur Chakmajahid, P.S.- Mahua, Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand, Adv.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahua P.S. Case No. 388 of 2018 for the offence under Section 302, 201, 498A, 120B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 20.11.2019 passed in Cr. Misc. No. 60540 of 2019. The petitioner is rotting in judicial custody since 11.11.2019 i.e. more than one and half years and there is no substantial progress in the trial.

Patna High Court CR. MISC. No.28682 of 2021(3) dt.25-08-2021 2/2 A report was called for regarding the stage of the trial and the same has been received from the court below, which indicates that the court below was vacant since 14.12.2019 due to which the trial of the case could not be initiated. The case has been transferred to the In-charge S.D.J.M., Hajipur, Vaishali after taking cognizance on 14.05.2020 and now the case is fixed for appearance. Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has been rejected on merits and now no fresh ground is made out for reconsideration of the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. brajesh/- (Arvind Srivastava, J) U T