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Patna High CourtCR. MISC./33535/2023disposed

Akanksha Priya v. The State Of Bihar

2025-01-03Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33535 of 2023 Arising Out of PS. Case No.-6 Year-2014 Thana- MAHILA PS District- East Champaran ====================================================== AKANKSHA PRIYA WIFE OF RAKESH KUMAR RESIDENT OF VILLAGE- CHANDMARI AKAUNA, PS- MOTIHARI TOWN, DISTTEAST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI BIHAR 3.

THE SUB- DIVISIONAL POLICE OFFICER, SADAR, MOTIHARI, EAST CHAMPARAN BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2025 Heard the parties.

2. This application has been preferred for a direction to the concerned authority to produce the remaining witnesses before the trial court to conclude the trial pending in the court of learned SDJM, Sadar Motihari, East Champaran in Trial No. 557/2021 arising out of Mahila PS Case No. 6/14 dated 13.02.2014 for the offence under section 498(A)/420/417/120(B)/506/34 of the IPC.

3. As per prosecution story, the petitioner was married to co-accused, Rakesh Kumar on 25.04.2012 but was tortured for dowry which resulted into the present case.

4. After investigation, charge-sheet was submitted

Patna High Court CR. MISC. No.33535 of 2023(3) dt.03-01-2025 2/2 and cognizance was taken in the year 2012 as as the husband was declared an absconder, the trial was separated so far as the father-in-law/mother-in-law is concerned.

5. It is the case of the petitioner that six witnesses were examined till the year 2018 and only four witnesses were to be examined, whereafter, the trial has not come back on the rail.

6. The State represented by Mr. Yogendra Kumar, learned APP concurs to the stand of the petitioner that once the trial commenced and six witnesses were examined in the year 2018 itself, the same should have come to an end as six long years have lapsed.

7. In that background, the petition stands disposed of with a direction to the concerned trial court to take up the present case and ensure examination of the rest witnesses, if still has not been examined and take the matter to its logical conclusion preferably within the period of six months.

8. The petition stands disposed of.

(Rajiv Roy, J) perwez U T