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Patna High CourtCR. MISC./51404/2018dismissed

Bhartendu Kumar Mehta @ Bhartendu Kumar v. The State Of Bihar

2018-11-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51404 of 2018 Arising Out of PS. Case No.-14 Year-2016 Thana- CHACKMENSI District- Samastipur ====================================================== Bhartendu Kumar Mehta @ Bhartendu Kumar, S/o Shri Hare Krishn Mehta, R/o Vill.- Malinagar, P.S.- Chakmehsi, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar-1, APP Mr. Vijay Shankar Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-11-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Sessions Trial No.105 of 2017 arising out of Chakmehsi P.S. Case No.14 of 2016 instituted for the offence under Section(s) 304-B, 201/34 Indian Penal Code pending in the Court of the Additional Sessions Judge, II, Samastipur.

Prayer of the petitioner for grant of bail was earlier rejected by this Court by order dated 27.02.2017 passed in Cr. Misc. No.2212 of 2017 with liberty to renew his prayer for bail after nine months if no substantive progress is made in trial. Petitioner is husband of the deceased.

A report was called for from the Court below, which

Patna High Court Cr.Misc. No.51404 of 2018(3) dt.28-11-2018 2/2 has been received, from which it appears that five witnesses have already been examined. The Court below has mentioned in the report that trial is likely to be concluded within a period of four months.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage as the trial has proceeded and substantial progress has been made in the trial. Prayer of the petitioner for grant of bail is, again, rejected.

The Trial Court is directed to conclude the trial within a period of four months from the date of receipt/production of copy of this order.

(Sanjay Priya, J) J. Alam/- U T