Arun Kumar Chaudhary @ Vijay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48712 of 2016 Arising Out of PS.Case No. -374 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Arun Kumar Chaudhary @ Vijay Kumar Chaudhary son of Yogendra Choudhary resident of Village- Rampur Jalalpur, P.S.- Dalsinghsarai, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/328 of the Indian Penal Code.

It is alleged that the petitioner used to torture the daughter of the informant. The daughter of the informant gave birth of a female child but she died after 4-5 months due to nonproviding proper medicine and milk. On 22.08.2014, the informant came to know that his daughter was being tortured and someone has administered poisonous substance to his daughter, due to which, she died.

Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application. This is the second attempt made on behalf of the petitioner for grant of bail. A report was called for from the trial court. It has

Patna High Court Cr.Misc. No.48712 of 2016 (3) dt.22-02-2017 2/2 been reported that out of 9 prosecution witnesses, two prosecution witnesses have already been examined and the trial is expected to be concluded within a period of 6 months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in S.T. No. 337/2016/128/2016, arising out of Dalsinghsarai P.S. Case No. 374 of 2014, pending in the court of learned Sessions Judge, Samastipur.

Anyhow, the Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of 6 months from the date of receipt/production of copy of this order. The District Magistrate, Samastipur and the Superintendent of Police, Samastipur 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, Samastipur and the Superintendent of Police, Samastipur.

(Sudhir Singh, J) Amit/- U T