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Patna High CourtCR. MISC./32519/2019bail rejected

Tun Tun Mallik v. The State Of Bihar

2019-07-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32519 of 2019 Arising Out of PS. Case No.-116 Year-2017 Thana- GORAUL District- Vaishali ====================================================== TUN TUN MALLIK Son of Ganour Mallick Resident of Village - Ababkarpur (Ababkarpur), P.S.- Goural, Distt - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Gaural (Kathara O.P.). P. S. Case No. 116 of 2017 instituted for the offence under Section(s) 302 and 201/34 of the Indian Penal Code. Petitioner is husband of deceased.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 24.9.2018 passed in Cr. Misc. no. 42759 of 2018 Report called for from Court below has been received from which it appears that five witnesses have already been examined out of nine witnesses. The trial Court has mentioned in the report that case is pending for evidence. This Court finds that out of nine witness five

Patna High Court CR. MISC. No.32519 of 2019(3) dt.24-07-2019 2/2 witnesses have already been examined in this case. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of six months from date of receipt of copy of this order.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T