Patna High CourtCR. MISC./46625/2021disposed

Md. Soyeb @ Md. Soheb v. The State Of Bihar

2021-12-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46625 of 2021 Arising Out of PS. Case No.-15 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== MD. SOYEB @ MD. SOHEB Son of Md. Kismat @ Sk. Kismat Ali Resident of Village- Garbheli, Damahi Tola, P.S.- Katihar (Muffasil), District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 238 of 2019 arising out of Muffasil P.S. Case No. 15 of 2018 instituted for the offences under Sections 304(B) /34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected vide order dated 24.08.2020 passed in Cr. Misc. No. 4923 of 2020.

The petitioner is the husband of the deceased and is in custody since 24.06.2019.

This Court had called for a report about the

Patna High Court CR. MISC. No.46625 of 2021(3) dt.01-12-2021 2/2 stage of the case from the court below vide order dated 25.08.2021. The report which has since been received indicates that out of eight prosecution witnesses, three have been examined.

Regard being had to 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 six months from the date of receipt / production of a copy of this order, failing which the petitioner would have the liberty to approach the Trial Court for grant of bail and in that event the Trial Court would be under an obligation to state in detail the reasons for the tardy progress of trial.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T