Chandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26784 of 2020 Arising Out of PS. Case No.-10 Year-2018 Thana- ATRI District- Gaya ====================================================== CHANDAN DAS S/O Indradeo Das Residence of Village - Mohammadpur, P.S. - Atri, Distt. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner seeks bail in Atri P.S. case No.10 of 2018 (G.R. No.394 of 2018/S.Tr. No.138 of 2018/556 of 2018) registered under Sections 304(B), 201/34 of the Indian Penal Code, pending in the court of Additional District & Sessions Judge IV, Gaya.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner is the husband of the deceased and the onus is on him to explain the cause of death of the deceased.

Patna High Court CR. MISC. No.26784 of 2020(3) dt.28-01-2021 2/2 A report was called for from the trial court. It has been reported that out of seven prosecution witnesses, one prosecution witness has already been examined and the trial is expected to be concluded within a period of one year. 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 preferably within a period of one year from the date of receipt/production of a copy of this order. The District Magistrate, Gaya and the Senior Superintendent of Police, Gaya 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, Gaya and the Senior Superintendent of Police, Gaya.

(Sudhir Singh, J) Narendra/- U T