Sunny Kumar Saw @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46516 of 2021 Arising Out of PS. Case No.-260 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Sunny Kumar Saw @ Sunny Kumar S/O Sri Bhama Saw R/O MohallaBhaisari Tola, P.S.- Malsalami, District-Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanju Singh For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner seeks bail in S. Tr. No. 503 of 2019 arising out of Malsalami P.S. Case No. 260 of 2018 instituted for the offences under Sections 304(B), 302, 328 and 34 of the Indian Penal Code in which later charge-sheet has been submitted under section 304(B), 328 and 34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is husband of the deceased and the onus was upon him to explain the cause of death of his wife.

A report was called for from the Trial Court. It has been

Patna High Court CR. MISC. No.46516 of 2021(3) dt.08-12-2021 2/2 reported that out of 10 prosecution witnesses, six prosecution witnesses have already been examined and the trial is likely to be concluded within a period of three months.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of three months from the date of receipt/production of a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Pankaj/- U T