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Patna High CourtCR. MISC./26607/2023dismissed

Santosh Kumar @ Shushil Kumar v. The State Of Bihar

2023-06-21Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26607 of 2023 Arising Out of PS. Case No.-177 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== Santosh Kumar @ Shushil Kumar, Son of Late Ram Khelawan Prasad, R/O Village- Ugawan, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-06-2023 Heard Mrs. Vaishnavi Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

This is the fourth attempt made by the petitioner seeking prayer for bail in connection with Sessions Trial No. 630 of 2019 arising out of Asthawan P.S. Case No. 177 of 2019 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. Later on Sections 364 and120(B)/34 of the Indian Penal Code was added. Earlier the prayer of bail of the petitioner was rejected taking into consideration the serious nature of accusation that he has killed his wife and his daughter, coupled with the fact that trial is at the fag end.

Mrs. Vaishnavi Singh, learned counsel for the

Patna High Court CR. MISC. No.26607 of 2023(3) dt.21-06-2023 2/2 petitioner fairly submitted that she has been informed that as of now all the witnesses have been examined and the case has been fixed for argument.

Learned APP for the State opposes the bail application and submits that the trial is likely to be concluded within a period of two months.

In view of the submissions made on behalf of the parties and taking into consideration that the prayer for bail of the petitioner had already been rejected on merit on several occasions and this Court does not find any overwhelming changed circumstances for reconsideration. However, considering the fact that the trial of the case is fixed for argument, it is expected that the learned trial Court shall conclude the trial as early as possible, preferably within a period of two months.

Accordingly, the prayer for bail of the petitioner stands rejected.

(Harish Kumar, J) shivank/- U T