Hasebur @ Hasebul @ Hasibur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42258 of 2021 Arising Out of PS. Case No.-23 Year-2017 Thana- KODHOBARI District- Kishanganj ====================================================== HASEBUR @ HASEBUL @ HASIBUR RAHMAN Son of Abdul Gaffar @ Gaffar Resident of Village - Hasnabad Laxmipur, P.S.- Kodhobari, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amal Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
The prosecution case is that the petitioner who happens to be the husband of the deceased caused dowry death. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide orders dated 5.9.2018 and 8.5.2019. In the last rejection order dated 8.5.2019, the learned trial court had been directed to conclude the trial within a period of one year and the petitioner
Patna High Court CR. MISC. No.42258 of 2021(3) dt.11-02-2022 2/2 had been given liberty to renew his prayer for bail in case the trial did not conclude. Inspite of more than two years eight months having passed since passing of the said order, the trial is still continuing and the petitioner has remained in custody since 19.9.2017.
Heard learned A.P.P. for the State.
A report was called for from the learned trial court. As per the report received contained in letter dated 12.1.2022, the case is at the stage of evidence of defence. Having heard learned counsel for the parties and taking into consideration the nature of allegation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to conclude the trial within three months of the conclusion of the evidence on behalf of the defence.
(Partha Sarthy, J) Saurabh/- U T