Pradeep Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35611 of 2022 Arising Out of PS. Case No.-229 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== PRADEEP SHARMA SON OF LATE RAMANAND SHARMA Resident of Village- Manjhagarh, Fulwariya, Police Station - Manjhagarh, DistrictGopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-09-2022 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in connection with Sessions Trial No. 538 of 2019 arising out of Manjhagarh P.S. Case No. 229 of 2019 (G.R. Case No. 2665 of 2019) dated 24.08.2019 instituted for the offence under Sections 304(B) of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide order dated 05.06.2020 passed in Cr. Misc. No. 4856 of 2020.
Considering the fact that the petitioner has remained in custody since 30.09.2019, this Court had called for a report about the stage of the case from the court below
Patna High Court CR. MISC. No.35611 of 2022(3) dt.28-09-2022 2/2 vide order dated 27.07.2022. The report which has been received and kept at 'flag-R' indicates that out of seven prosecution witnesses, five have already been examined and against two of the witnesses summons have been issued. There is every likelihood of the trial being concluded in near future.
Thus, this Court is not inclined to give a re-look at the order by which the prayer for bail of the petitioner was rejected who is accused of an offence under Section 304(B) of the Indian Penal Code for having killed his wife. The prayer for bail is rejected.
However, the trial court is directed to conclude the trial positively within a period of four months from the date of receipt/production of a copy of this order. (Ashutosh Kumar, J) krishna/- U T