Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32429 of 2020 Arising Out of PS. Case No.-523 Year-2016 Thana- DANAPUR District- Patna ====================================================== MUNNA RAI, Son of Late Gobardhan Rai Resident of Village- Mainpura, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kalyan Shankar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2020 Heard Mr. Kalyan Shankar, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Danapur P. S. Case No. 523 of 2016 dated 18.12.2016, instituted for the offences under Sections 498(A), 307/34 and 302 of the Indian Penal Code. The petitioner is the husband of the deceased. His prayer for bail was earlier rejected by this Court vide

Patna High Court CR. MISC. No. 32429 of 2020(2) dt.07-12-2020 2/3 order dated 07.11.2017.

It has been submitted on behalf of the petitioner that he is custody since 10.02.2017. It has also been pointed out that though some of the witnesses have been examined in the trial but some of them have been declared hostile.

Considering the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

However, the trial court is directed to conclude the trial within a period of nine months positively from the date of production/receipt of a copy of this order. Should the trial not be completed within the aforesaid period, the petitioner would be at liberty to approach the trial court and seek bail. In that event the trial court would be under an obligation to record the reasons for non-conclusion of the trial, even though the petitioner has remained in jail for about four years. The petition stands disposed off with aforesaid

Patna High Court CR. MISC. No. 32429 of 2020(2) dt.07-12-2020 3/3 observation.

(Ashutosh Kumar, J) skm/- U T