Santosh Rai @ Santosh Kumar Rai @ Pipul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38422 of 2022 Arising Out of PS. Case No.-217 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SANTOSH RAI @ SANTOSH KUMAR RAI @ PIPUL RAI Son of Anand Rai @ Nandji Rai Resident of Village - Banarpur, P.s.- Buxar (Muff.), Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-09-2022 Heard learned Advocate for the petitioner and the APP representing the State.

The petitioner seeks bail in connection with Sessions Trial No. 81 of 2020 corresponding to Buxar (Muffasil) P.S. Case No. 217 of 2019 dated 21.07.2019 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order 10.03.2021 passed in Cr. Misc. No. 36490 of 2020.

The petitioner is the husband of the deceased,

Patna High Court CR. MISC. No.38422 of 2022(3) dt.21-09-2022 2/3 who is in custody since 16.01.2020.

On an earlier occasion, this Court had called for a report from the court below about the stage of the case which has been received and is kept on record. According to the report till the date of sending the same, five witnesses have been examined and four others including the medical officer are yet to be examined. The next date fixed in the court was 08.08.2022. The delay in the disposal of the case has been attributed to the prevailing pandemic situation.

However, considering the period of custody of the petitioner, this Court directs that the trial be positively concluded within a period of four months from the date of receipt/production of a copy of this order, failing which the petitioner shall have the liberty to approach the trial court for grant of bail during the pendency of the trial and in that event the trial court will be under an obligation to record the reasons for nonconclusion of the trial.

Patna High Court CR. MISC. No.38422 of 2022(3) dt.21-09-2022 3/3 With the afore-noted observation, the petition stands disposed of.

(Ashutosh Kumar, J) krishna/- U T