Amzad Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27003 of 2020 Arising Out of PS. Case No.-182 Year-2018 Thana- MAHESHKHUNT District- Khagaria ============================================== AMZAD NADAF Son of Late Akhtar Nadaf Resident of Village - Rohari, P.S. - Maheshkhunt, District - Khagaria.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 69/2019 arising out of Maheshkhunt P.S. Case No. 182/2018, G.R. No. 3529/2018 instituted for the offences under Section 304(B) of the Indian Penal Code.

The petitioner is the husband of the deceased and is in custody since 16.12.2018 The prayer for bail of the petitioner was earlier

Patna High Court CR. MISC. No.27003 of 2020(3) dt.07-12-2020 2/3 rejected by a Bench of this Court vide order dated 11.07.2019 passed in Cr. Misc. No. 27194 of 2019 but with an observation that the trial be expedited and concluded preferably within a period of nine months from the date of receipt of that order.

It has been submitted on behalf of the petitioner that till date no witness has been examined in the trial. This is a rather unfortunate situation.

However, considering that Covid -19 Pandemic has caused disturbance in early disposal of cases, this Court directs that the trial ought to be concluded within a period of nine months from the date of receipt / production of a copy of this order.

In case the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail before the Trial Court and in that event, the Trial Court would be under an obligation to record the reason for tardy progress of the Trial and while disposing of the bail petition, the Trial Court shall consider the period of custody of the petitioner.

Patna High Court CR. MISC. No.27003 of 2020(3) dt.07-12-2020 3/3 The petition stands disposed of with the aforesaid observation.

(Ashutosh Kumar, J) sunilkumar/- U T