Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53468 of 2016 Arising Out of PS.Case No. -287 Year- 2014 Thana -BANIAPUR District- SARAN ======================================================

1. Shambhu Sah, S/o Late Raghunandan Sah, Resident of village - Dhangarha, P.S. Baniyapur, District - Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-02-2017 Heard Mr. Pramod Ban Bihari Singh for the petitioner. No one appears on behalf of the State. Petitioner has repeated his prayer for grant of bail in the light of the liberty granted to him vide order dated 16.12.2015 (Annexure-1). Considering the fact that he continues to incarcerate since 03.12.2014, the Court granted him liberty to renew prayer for bail after 09 months in the court below itself if the trial does not record adequate progress. He is alleged to have done away with the life of his wife and is, thus, facing charge under Section 304 B of the Indian Penal Code.

A status report called for in this case is placed at Flag-'A'. On perusal, it appears that till date only two prosecution witnesses have been examined. Learned counsel submits that

Patna High Court Cr.Misc. No.53468 of 2016 (3) dt.15-02-2017 2/3 those two witnesses have not supported the prosecution case. Be that as it may, considering the facts and circumstances of the case, including the charge the petitioner is facing, the Court, while declining the relief/prayer, disposes of this application by the following order:- Let the Trial Court endeavour and conclude the examination of all the prosecution witnesses within 05 months from the date of receipt/communication of the order, failing which the learned Trial Court shall release the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th, Saran at Chapra in connection with Sessions Trial No. 400 of 2016, arising out of Baniyapur P.S. Case No. 287 of 2014, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) In the event of grant of bail, the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in

Patna High Court Cr.Misc. No.53468 of 2016 (3) dt.15-02-2017 3/3 such appearance on two consecutive dates, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J.) Shyam U T