Patna High CourtCR. MISC./17669/2017dismissed

Ganesh Sah v. The State Of Bihar

2017-04-19Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17669 of 2017 Arising Out of PS.Case No. -191 Year- 2015 Thana -NARPATGANJ District- ARRARIA ====================================================== Ganesh Sah son of Shiv Shankar Sah resident of Village - Mirdaul, Police Station - Narpatganj, District - Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-04-2017 Heard the learned counsel, Mr. Mukesh Kumar Rana, for the petitioner, Ganesh Sah, who is in custody since 23.06.2015 in Sessions Trial No.710 of 2015 arising out of Narpatganj P.S. Case No.191 of 2015 under Section 304B and other allied Sections of IPC.

It appears that by order dated 30.01.2016 passed by this Court in Cr. Misc. No.50649 of 2015, prayer for regular bail of this very petitioner has been rejected by this Court by reasoned order.

The only ground for regular bail in this Cr. Misc. application is that there is no chance of disposal of the Session trial in near future although three chargesheeted witnesses have already been examined out of seven. It is also submitted that the

Patna High Court Cr.Misc. No.17669 of 2017 (2) dt.19-04-2017 2/2 informant has died.

In my opinion, these are not the ground of granting bail to the petitioner. Since the case is under Section 304B, there is direct allegation of subjecting to cruelty to the deceased within seven years from the marriage of her unnatural death. However, it appears that three witnesses have already been examined by the trial Court, therefore, the trial Court may expedite the trial. However, the petitioner is not entitled for the grant of regular bail at this stage.

Accordingly, this Cr. Misc. application is rejected. (Mungeshwar Sahoo, J) Sanjeev/- U