Patna High CourtCR. MISC./45155/2024rejected

Radha Sah v. The State Of Bihar

2024-08-23Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45155 of 2024 Arising Out of PS. Case No.-439 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Radha Sah SON OF LATE SAHDEO SAH VILLAGE- Khartari, P.S.- Chiraiya District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2024 Heard Mr. Rakesh Kumar, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 13.10.2022, in connection with S. Tr. No. 116 of 2023 arising out of Chiraiya P.S. Case No. 439 of 2022, FIR dated 12.10.2022 for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was rejected twice vide order dated 01.08.2023 passed in Cr. Misc. No. 38981 of 2023 and vide order dated 13.03.2024 passed in Cr. Misc. No. 20620 of 2024 respectively.

4. Vide order dated 05.07.2024, a report with regard to the present status of the trial was called for. Report of

Patna High Court CR. MISC. No.45155 of 2024(3) dt.23-08-2024 2/2 the learned Trial Court dated 03.08.2024 reveals that all the prosecution witnesses have been examined and now the case is fixed for Statement under Section 313 Cr.P.C.

5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 116 of 2023 arising out of Chiraiya P.S. Case No. 439 of 2022 pending in the Court of Additional Sessions Judge-19, East Champaran at Motihari.

7. Prayer is refused.

8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T