Patna High CourtCR. MISC./25903/2020disposed

Abhisek Kumar v. The State Of Bihar

2021-01-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25903 of 2020 Arising Out of PS. Case No.-83 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Abhisek Kumar, aged about 26 years, male, Son of Late Ganesh Rai, Resident of Village - Khirkhaua, P.S. - Bhagwanpur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2021 Heard Ms. Bela Singh, learned counsel for the petitioner and the learned APP for the State. The petitioner, who is in custody since 28.09.2019, seeks bail in connection with Bhagwanpur P.S. Case No. 83 of 2018, dated 21.05.2018, instituted for the offences under Sections 304B and 201 of the Indian Penal Code.

The petitioner is the husband of the deceased. Though many grounds have been raised on behalf of the petitioner during the course of argument, but that has not weighed with this Court for grant of bail to

Patna High Court CR. MISC. No.25903 of 2020(4) dt.06-01-2021 2/2 him.

The prayer for grant of regular bail of the petitioner is, accordingly, rejected.

This Court had earlier called for a report about the stage of the case.

The report, which has been received, indicates that there has not been any progress in the trial. The Trial Court is directed to expedite and conclude the trial positively within a period of nine months from today, failing which, the petitioner will be at liberty to approach the Trial Court for grant of bail. In that event, the Trial Court would be required to state the reasons for non-conclusion of the trial within the aforesaid period. The entitlement of the petitioner to approach the Trial Court for grant of bail would arise only if the delay is not attributable to him.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T