Patna High CourtCR. MISC./34623/2020disposed

Md. Rafi Alam v. The State Of Bihar

2020-12-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34623 of 2020 Arising Out of PS. Case No.-23 Year-2017 Thana- DUMRA District- Sitamarhi ====================================================== Md. Rafi Alam, male, aged about 27 years, Son of Abdul Wahid, Resident of Village - Basatpur, P.S. - Dumra, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Ranjan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2020 Heard Mr. Sanjeev Ranjan, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in connection with Sessions Trial No. 550 of 2017 arising out of Dumra P.S. Case No. 23 of 2017, dated 02.02.2017, instituted for the offences under Sections 304B and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier

Patna High Court CR. MISC. No.34623 of 2020(2) dt.23-12-2020 2/3 rejected thrice by this Court and the orders rejecting his bail applications have been annexed as Annexure-1 to this bail application.

Mr. Sanjeev Ranjan, learned Advocate for the petitioner has informed this Court that the case is at the stage of defence evidence.

Considering the nature of accusation against the petitioner, this Court is not inclined to grant him bail at this stage during the pendency of the trial.

The prayer for grant of bail is, accordingly, rejected.

However, the Trial Court is directed to conclude the trial within a period of six months from today. If the trial is not concluded within the aforesaid period and the delay is not attributable to the petitioner or other accused persons of this case, the petitioner would have the liberty to approach the Trial Court for grant of bail. In that event, the Trial Court shall be under an obligation to record the reasons for not concluding the trial within the aforesaid period.

Patna High Court CR. MISC. No.34623 of 2020(2) dt.23-12-2020 3/3 With the aforesaid observation/direction, the application stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- U T