Patna High CourtCR. MISC./54328/2018disposed

Nagendra Kumar v. The State Of Bihar

2018-11-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54328 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- KONCH District- Gaya ====================================================== Nagendra Kumar Son of Nanho Prajapati, resident of Village- Rauna, P.S. Konch, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2018 The petitioner had earlier come up before this Court for grant of bail vide Cr. Misc. No. 48060 of 2017, which was dismissed as withdrawn by order dated 03.01.2018 with the liberty to approach this Court again after a reasonable period of time.

The petitioner is facing trial in Sessions Trial No. 1 of 2018/8 of 2018, arising out of Konch P.S. Case No. 172 of 2017, instituted for the offences under Sections 328, 304(B) and 34 of the Indian Penal Code.

The petitioner is the husband of the deceased. This Court had called for a report about the stage of the case. The report has since been received. It appears

Patna High Court Cr.Misc. No.54328 of 2018(3) dt.28-11-2018 2/2 from the report that after the framing of the charges, 4 witnesses have been examined and some of the witnesses are still left to be examined.

Petitioner is in custody since 05.07.2017.

Considering the nature of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner for the present.

However, taking into account the period of custody of the petitioner, the trial court is directed to conclude the proceedings, preferably within a period of five months from the date of production / communication of a copy of this order, failing which the petitioner shall again have the liberty to approach this Court for grant of bail.

The petition stands disposed off with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U