Ram Nath Mahto @ Ramnath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43637 of 2018 Arising Out of PS. Case No.-109 Year-2014 Thana- HARLAKHI District- Madhubani ====================================================== Ram Nath Mahto @ Ramnath Mahto, son of Asharfi Mahto, residing at Village - Sasaram, P.S. - Parihar, District - Sitamarhi, A/p Village Harne, P.S. Harlakhi, District Madhubani.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Singh, Adv.

For the Opposite Party/s :

Mr. S.M. Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 31-10-2018 Heard Sri Deepak Kumar Singh, learned counsel for the petitioner and Mr. S.M. Rahman, learned Addl. Public Prosecutor.

This is the second attempt for grant of bail on behalf of the petitioner in Sessions Trial No. 80 of 2015, arising out of Harlakhi P.S. Case No. 109 of 2014 registered for the offence under Sections 324, 326, 307, 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, 1961. By order dated 26-09-2018 a report was called for from the Court below regarding stage of the case, which has been received and kept at Flag 'A'. The report vide letter no. 111 dated 9th October, 2018 sent under the signature of F.T.C.-I, Madhubani indicates that during trial most of the prosecution

Patna High Court Cr.Misc. No.43637 of 2018(3) dt.31-10-2018 2/2 witnesses have already been examined and only three witnesses are required to be examined. For securing their attendance, NBW and bailable warrant have already been issued. Meaning thereby that trial is proceeding and, as such, there is no reason to review my earlier order, particularly in view of the fact that the petitioner is being prosecuted for offence under Section 304 B of the Indian Penal Code and the petitioner is the husband of the deceased.

The prayer for bail of the petitioner again stands dismissed. While dismissing the prayer for bail, it is desirable to direct the concerned Superintendent of Police to produce witnesses, as and when, required by the trial court. The learned Trial Judge is required to take all steps, so that the case may come to its logical end without unnecessary delay. Let a copy of this order be sent to the Superintendent of Police, Madhubani for its compliance.

(Rakesh Kumar, J.) nawalkrs/- U T