Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26075 of 2020 Arising Out of PS. Case No.-1301 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== CHANDAN SINGH Son of Sudhir Singh Resident of Village- Kailash Puri, Ward No.- 34, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 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 Saharsa P.S. Case No. 1301 of 2018 instituted for the offences under Sections 304B, 302 and 34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that petitioner is husband of the deceased and the onus is on him to explain the cause of death of the deceased. A report was called for from the Trial Court. It has

Patna High Court CR. MISC. No.26075 of 2020(3) dt.07-12-2020 2/2 been reported that the charge has been framed on 6.11.2020 and summons have been issued upon the witnesses. As per the charge-sheet, there are altogether five prosecution witnesses including the I.O. and the doctor.

Considering the nature of accusation and the stage of the case, 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 within a period of preferably within a period of nine from the date of receipt/production of a copy of this order for the reasons that the petitioner is in custody since 14.12.2018.

The District Magistrate, Saharsa and the Superintendent of Police, Saharsa are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Saharsa and the Superintendent of Police, Saharsa. (Sudhir Singh, J) Pankaj/- U T