Arbind Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46351 of 2018 Arising Out of PS. Case No.-179 Year-2016 Thana- JAYNAGAR District- Madhubani ====================================================== Arbind Paswan S/o Sri Jiwach Paswan, R/o Vill.- Dullipatti, Misa Tola, P.S.- Jainagar, District- Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Advocate Mr. Ratanakar Jha Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-02-2019 The prayer for bail of the petitioner was earlier rejected vide order dated 10.01.2018.
The petitioner is the husband of the deceased who is facing prosecution under Sections 304(B) / 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
This Court had called for a report about the stage of the trial. The report has since been received and kept at Flag - R.
From perusal of the report, it appears that the charges have been framed on 11.12.2017 but out of eight
Patna High Court Cr.Misc. No.46351 of 2018(4) dt.13-02-2019 2/2 charge-sheeted witnesses, only three have deposed before the trial court. The report further indicates that processes have been issued for compelling the attendance of witnesses.
The petitioner is stated to be in custody since 14.09.2016.
Regard being had to the period of custody of the petitioner and the tardy pace of trial, this Court directs the trial court to take all possible steps for compelling the attendance of witnesses and conclude the trial, preferably within a period of six months from the date of production/communication of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner would have the liberty to approach the trial court for grant of bail.
With the aforesaid observation / direction, this petition stands disposed off.
skm/- (Ashutosh Kumar, J) U