Dilip Sadai @ Dilip Kumar Sadai @ Diliph Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25471 of 2019 Arising Out of PS. Case No.-115 Year-2014 Thana- LADANIA District- Madhubani ====================================================== DILIP SADAI @ DILIP KUMAR SADAI @ DILIPH SADAI Son of Ram Ashis Sadai, Resident of Village- Gadha, P.S- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Let a report be called for from the court below concerned regarding stage of the trial.

Earlier prayer for bail of the petitioner was dismissed vide order dated 22.03.2017 passed in Criminal Miscellaneous No.13621 of 2017 on merit in connection with Ladaniya P.S. Case No.115 of 2014 and petitioner is named in the F.I.R. and he has also been named by the victim in statement under Section 164 of the Code of Criminal Procedure. Again his prayer for bail was dismissed by order dated 01.08.2018 passed in Criminal Miscellaneous No.38236 of 2018.

Submission of learned counsel for the petitioner is that petitioner is in custody since 20.08.2016. Heard learned A.P.P. also and perused the report of the learned trial court from which it appears that in this case up-

Patna High Court CR. MISC. No.25471 of 2019(4) dt.11-09-2019 2/2 till now out of seven chargesheeted witnesses, three prosecution witnesses have been examined and the case is expected to be concluded within six months, if the prosecution co-operates. In view of the facts as stated above, I am not inclined to grant privilege of bail to the petitioner. This application is accordingly dismissed.

However, the learned trial court is directed to expedite the trial and at the same time the Superintendent of Police, Madhubani is directed to produce the witnesses before the trial court.

However, if the trial is not concluded within a period of six months, the petitioner may pray before the learned trial court for grant of bail and the same be considered by the learned trial court considering the materials available against the petitioner, who shall pass an appropriate order and dispose of the same by a reasoned order.

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