← Library
Patna High CourtCR. MISC./76651/2018dismissed

Shailendra Kumar v. The State Of Bihar

2019-02-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76651 of 2018 Arising Out of PS. Case No.-98 Year-2017 Thana- HILSA District- Nalanda ====================================================== Shailendra Kumar S/o- Rambaran Singh, Resident of Village- Kamta, P.S. Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-02-2019 The petitioner seeks bail in connection with Hilsa P.S.Case No. 98 of 2017 registered under Sections 304B and 498A/34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide order dated 12.09.2017 and 28.03.2018 passed in Cr. Misc. No. 42331 of 2017. The case is of dowry death and petitioner is husband.

Submission of learned counsel for the petitioner is that up till now no substantive progress has been made in the trial and petitioner is in custody for about 22 months. Heard learned A.P.P also as well as learned counsel for the informant and perused the report from which it appears that out of 12 charge sheeted witnesses, four witnesses including the doctor have been examined and as the court is vacant no

Patna High Court Cr.Misc. No.76651 of 2018(3) dt.07-02-2019 2/2 substantive progress has been made. Learned counsel for the informant has submitted that he is ready to co-operate in disposal of trial.

In such view of the matter, I am not inclined to grant privilege of bail to petitioner. However, trial court is directed to expedite the trial and at the same time, the Superintendent of Police, Nalanda is directed to produce the witness on the date fixed in trial.

Let a copy of this order be sent to the District and Sessions Judge as well as the Incharge Additional District and Sessions Judge-I, Hilsa, Nalanda.

(Vinod Kumar Sinha, J) sujit/- U T