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Patna High CourtCR. MISC./23950/2020dismissed

Md. Ajmal @ Ajmal v. The State Of Bihar

2020-12-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23950 of 2020 Arising Out of PS. Case No.-83 Year-2018 Thana- RAUTA District- Purnia ====================================================== MD. AJMAL @ AJMAL Son of Md. Jamaluddin Resident of Village- Jamira Danga, P.S.- Rauta, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Sunil Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Routa P.S. case No.83 of 2018 registered under Sections 304B/34 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate II, Purnea.

The earlier bail application of the petitioner was

Patna High Court CR. MISC. No.23950 of 2020(3) dt.07-12-2020 2/2 rejected vide Annexure 1 to the present application taking into account that the petitioner was the husband of the deceased and the onus was on him to explain the cause of death of the deceased. The case relates to dowry death.

A report was called for from the trial court. It has been reported by the 4th Additional District & Sessions Judge, Purnea that out of twelve prosecution witnesses, seven prosecution witnesses have already been examined in Sessions Trial No.153 of 2019 arising out of Routa P.S. case No.83 of 2018 and the trial is likely to be concluded within six months. 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 six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T