Futen Bin @ Futan Bind @ Futen Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47289 of 2021 Arising Out of PS. Case No.-679 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== FUTEN BIN @ FUTAN BIND @ FUTEN BIND S/o Uma Bind R/o villageDhanupara, P.S.- Ara Nagar, District- Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== 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. 53 of 2021 arising out of Ara Nagar P.S. Case No. 679 of 2018 instituted for the offences under Sections 304(B) /201/34 of the Indian Penal Code. The petitioner is the husband of the deceased and is in custody since 16.04.2019 The prayer for bail of the petitioner was earlier rejected vide order dated 16.12.2019 passed in Cr. Misc. No. 80341 of 2019.
Considering the period of custody of the
Patna High Court CR. MISC. No.47289 of 2021(3) dt.01-12-2021 2/2 petitioner which is from 16.04.2019, this Court had observed that if the trial of the petitioner is unduly delayed, he would have the liberty to approach the Trial Court again for grant of bail.
This Court had called for a report about the stage of the case which indicates that no witness has been examined in this case as yet.
Regard being had to the aforesaid state of affairs, this Court directs that if there is no substantial progress in the case within the next four months, 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