Basarat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51679 of 2016 Arising Out of PS.Case No. -61 Year- 2014 Thana -DUMARIA District- GAYA ====================================================== Basarat Hussain, Son of Abdul Rahim Ansari, resident of Village- Bhangia, P.S.- Dumaria, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other family members has killed the daughter of the informant due to non-fulfillment of the demand of dowry. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with the direction to the court below to conclude the trial preferably within a period of one year from the date of receipt/production of the order. It is second attempt made on behalf of the petitioner for grant of regular bail.

A report was called for from the trial court. It has been reported by the trial court that out of 7 prosecution

Patna High Court Cr.Misc. No.51679 of 2016 (3) dt.15-02-2017 2/2 witnesses, 4 prosecution witnesses have already been examined and the trial is expected to be concluded within a period of 9 months.

Considering the aforesaid facts and circumstances, I do not find any fresh ground to reconsider the bail application of the petitioner. The same is rejected in Sessions Trial No. 236 of 2015, 81/2015, arising out of Dumariya P.S. Case No. 61 of 2014, pending in the court of learned 8th Additional Sessions Judge, Gaya.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of 9 months, from the date of receipt/production of copy of this order. The District Magistrate, Gaya and the Senior Superintendent of Police, Gaya are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below. Let a copy of this order be communicated to the District Magistrate, Gaya and the Senior Superintendent of Police, Gaya. (Sudhir Singh, J) Amit/- U T