Tutu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18590 of 2019 Arising Out of PS. Case No.-213 Year-2015 Thana- PUNPUN District- Patna ====================================================== Tutu Ram Son of Umesh Prasad @ Umesh Ram Resident of Village - Vaisa, P.S.- Punpun, Distt - 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.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.541 of 2018 arising out of Punpun P.S. case No.213 of 2015, G.R. No.1102 of 2015 registered under Sections 498A, 304B of the Indian Penal Code, pending in the court of Additional Sessions Judge IV, Patna.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the husband of the deceased is not an accused in the present case and further the witness in paragraph 7 of the case diary has categorically stated that the deceased was burnt to death by the petitioner and other family members. Postmortem report also supports the allegations made in the F.I.R. A report was called for from the court below

Patna High Court CR. MISC. No.18590 of 2019(4) dt.31-07-2019 2/2 regarding the stage of trial. It has been reported that the cahrge has been framed and the case is fixed for evidence and one witness has been examined out of seven prosecution witnesses and the trial is likely to be concluded within a period of nine 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 nine 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