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Patna High Court/42527/2021rejected

Nagama Khatoon @ Ngama Khatoon v. The State Of Bihar

2021-09-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42527 of 2021 Arising Out of PS. Case No.-209 Year-2017 Thana- PHULWARIYA District- Gopalganj ====================================================== NAGAMA KHATOON @ NGAMA KHATOON W/O LATE KAYUM ANSARI R/O VILLAGE-SAWANHI, P.S-PHULWARIYA, DISTRICTGOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshay Ashish For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-09-2021 Heard learned counsels for the petitioner and the State.

Petitioner has earlier moved this Court for grant of bail in Cr. Misc. No. 11553 of 2019, which was rejected vide order dated 11.04.2019, as contained in Annexure-1. Learned counsel appearing for the petitioner submits that petitioner is rotting in judicial custody since 11.12.2017 i.e. for approximately about four years and the trial of the case has not yet concluded.

A report was called for from the court below regarding the stage of the trial, which has been received and is kept at Flag- 'A". Perusal of the report shows that out of six witnesses, three have already been examined and the trial is

Patna High Court CR. MISC. No.42527 of 2021(4) dt.29-09-2021 2/2 pending for evidence of prosecution witnesses and it is likely to be concluded within four months.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that the prayer for bail of the petitioner was earlier rejected on merits and there is no fresh ground urged on his behalf.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

Since trial court has reported that the trial is likely to be concluded within four months, it is expected that the trial of the case will be concluded within four months positively.

(Arvind Srivastava, J) mcv/- U T