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Patna High CourtCR. MISC./30251/2023bail rejected

Guddu Ram v. The State Of Bihar

2023-07-12Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30251 of 2023 Arising Out of PS. Case No.-311 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== GUDDU RAM son of Late Buteshwar Ram Village- Dhanechha PSDurgawati Dist- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 196 of 2021 arising out of Durgawati P.S. Case no. 311 of 2020 registered under sections 302, 201 and 34 of the Indian Penal Code.

3. As per the allegation in the FIR, the petitioner was allegedly having relationship with his bhabhi. The informant's sister ie wife of the petitioner was done to death and the body disposed of.

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.30251 of 2023(5) dt.12-07-2023 2/3 order dated 20.1.2022 (Annexure-1) passed in Cr. Misc. no. 32037 of 2021. Inspite of the petitioner being in custody since 16.1.2021, having no criminal antecedent and cooperating in the learned trial court, the trial is still continuing and there is no chance of the same concluding in the near future.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. From perusal of the report contained in letter dated 24.5.2023 it transpires that the charge has been framed in the learned trial court and one witness out of the total of six chargesheet witnesses has been examined on behalf of the prosecution.

7. Having heard learned counsel for the parties and taking into consideration nature of allegation and the relationship of the petitioner ie the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail for the present. The prayer for bail is rejected.

8. Learned trial court is directed to expeditiously conclude the trial preferably within a period of six months from the date of communication / receipt of a copy of this order.

9. The petitioner will be at liberty to renew his prayer for bail in case the trial is not concluded, for no fault of his,

Patna High Court CR. MISC. No.30251 of 2023(5) dt.12-07-2023 3/3 within the aforesaid period.

(Partha Sarthy, J) Spd/- U T