Md. Rafi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31010 of 2019 Arising Out of PS. Case No.-23 Year-2017 Thana- DUMRA District- Sitamarhi ====================================================== MD. RAFI ALAM Son of Abdul Wahid Resident of Village - Basatpur, P.S.- Dumra, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected twice , vide order dated 7.11.2017 passed in Cr. Misc. No.46658 of 2017 and secondly vide order dated 22.6.2018 passed inCr. Misc. No.33798 of 2018.

Submission of the learned counsel for the petitioner is that earlier there was a direction to conclude the trial within a period of nine months but up till now only four witnesses have been examined out of ten charge-sheeted witnesses and the petitioner is in custody for more than two years. Heard learned A.P.P. also.

In view of the fact that the petitioner is husband and as per the postmortem report the death is due to throttling , as such I am not inclined to grant bail to the petitioner, however,

Patna High Court CR. MISC. No.31010 of 2019(3) dt.24-07-2019 2/2 since the petitioner is in custody for more than two years, the learned trial court is directed to expedite the trial and conclude it as soon as possible and if possible to conduct it on regular basis.

At the same time, the S.P., Sitamarhi is directed to produce the witnesses in the court on the date fixed so that the trial may be concluded within the time as stipulated. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T