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Patna High CourtCR. MISC./32053/2020dismissed

Mahavir Bind @ Mahavir Prasad v. The State Of Bihar

2021-02-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32053 of 2020 Arising Out of PS. Case No.-5 Year-2014 Thana- MAHILA P.S. District- Bhojpur ====================================================== MAHAVIR BIND @ MAHAVIR PRASAD Son of Ram Lal Bind Resident of Village - Alekhi Tola, P.S. Barahara, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 120(B), 201/34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is the husband of the deceased and the onus is upon him to explain the cause of death of the deceased. A report was called for from the trial court. which has been received. It has been reported that out of six prosecution witnesses, two prosecution witnesses have already been examined. It has also been reported that the trial is expected to be concluded within six months.

Patna High Court CR. MISC. No.32053 of 2020(3) dt.03-02-2021 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 338 of 2018 arising out of Bhojpur Mahila P.S. Case No. 05 of 2014 is rejected.

Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Bhojpur, Ara are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Bhojpur, Ara for needful.

(Sudhir Singh, J) A.K.V.//- U T