Patna High CourtCR. MISC./917/2017dismissed

Md. Akbar @ Akbar v. The State Of Bihar

2017-02-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.917 of 2017 Arising Out of PS.Case No. -278 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ====================================================== Md. Akbar @ Akbar, Son of Late Tetra, Resident of village - Tegharia Belgachi, Police Station Kishanganj in the District of Kishanganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 470 of 2015, arising out of Kishanganj P.S.Case No. 278 of 2015 registered for the offences punishable under Section 304B of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is husband but there is no specific allegation against him, rather the material collected during course of investigation shows that witness has not supported the case of the prosecution and the petitioner is in custody since 30.9.2015 On query it has been pointed out by learned counsel for the petitioner that now charge has been framed and one witness has been examined.

Patna High Court Cr.Misc. No.917 of 2017 (3) dt.03-02-2017 2/2 Heard learned APP also.

Having heard both sides and considering the allegations, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, as charge has been framed against the petitioner, learned court below is directed to expedite the trial and try to conclude the same within nine months. If the trial is not concluded within the said period, the petitioner will be at liberty to renew his prayer for bail in the court below itself, who will examine the materials collected till that time and pass appropriate order in accordance with law, without being prejudiced by this order.

(Vinod Kumar Sinha, J) spal/- U