Udho Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4281 of 2021 Arising Out of PS. Case No.-310 Year-2018 Thana- EKMA District- Saran ====================================================== 1.

Udho Mahato Son of Late Phulena Mahato Resident of Village - Banbari, Amnaur, P.S.- Ekma, District - Saran 2.

Lilawati Devi Wife of Udho Mahato Resident of Village - Banbari, Amnaur, P.S.- Ekma, District - Saran ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Krishna Kant Singh, Adv.

For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-04-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have been made accused in Ekma P.S. Case No. 310 of 2018 registered under Sections 498-A, 304-B and 302 read with 34 of the Indian Penal Code. Their prayer for bail was earlier rejected by this Court vide order dated 20.11.2019 passed in Cr.Misc. No. 40987 of 2019. They have renewed their prayer for bail on the ground that being in-laws of the deceased they are in custody since 01.12.2018 and till date, after framing of charge, only one witness has been examined. It has been contended by the learned counsel for the petitioners that only one witness has been examined in this case in October, 2021 and since then no other witness has turned up

Patna High Court CR. MISC. No.4281 of 2021(6) dt.20-04-2022 2/2 before the trial court to depose.

Learned counsel for the State opposed the prayer for bail.

Considering the inordinate delay in conclusion of the trial, the fact that the petitioners are the in-laws and have remained in custody for more than three years, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 12th Additional Sessions Judge, Chapra in connection with Sessions Trial No. 315 of 2019 arising out of Ekma P.S. Case No. 310 of 2018. (Ashwani Kumar Singh, J) Pradeep/- U T