Patna High CourtCR. MISC./46759/2019dismissed

Shailendra Chaupal @ Shailendra Kumar Chaupal v. The State Of Bihar

2020-02-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46759 of 2019 Arising Out of PS. Case No.-157 Year-2017 Thana- JHANJHARPUR District- Madhubani ====================================================== SHAILENDRA CHAUPAL @ SHAILENDRA KUMAR CHAUPAL Son of Fekan Chaupal Resident of Village - Sirkhariya, P.S.- Jhanjharpur (Arariya Sangram), Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Shankar Choubey For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2020 Heard the parties.

This application is for grant of regular bail in connection with Jhanjharpur (Araria Sangram) P.S.Case no.157 of 2017 for the offences under Sections 304(B)/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased. Case is of dowry death. It further appears that earlier the prayer for bail of the petitioner was rejected vide order dated 20.7.2018 passed in Cr. Misc. No.32547 of 2018 with a direction to conclude the trial within a period of 1 1⁄2 years. Submission of the learned counsel for the petitioner is that up till now no substantive progress has been made in the trial. He is in custody for more than two years.

Patna High Court CR. MISC. No.46759 of 2019(6) dt.03-02-2020 2/2 Heard learned A.P.P. also and perused the report from which it appears that out of ten witnesses, two witnesses have been examined by the prosecution.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months from the date of receipt of the order.

With the aforesaid observation, this application is dismissed.

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