Pravin Mahto @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55627 of 2018 Arising Out of PS. Case No.-119 Year-2015 Thana- PUPRI District- Sitamarhi ====================================================== Pravin Mahto @ Munna S/o Niranjan Prasad Mahto, R/o Vill.- Dhogara, P.S.- Jale, Distt.- Darbhanga. A/p-Mohalla-Muradpur Dulla, P.S.-Ahiyapur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Jha For the Opposite Party/s :
Mr.Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.
The petitioner seeks bail in Pupri P.S. Case No.119 of 2015, corresponding to Sessions Trial No.235 of 2017 registered under Sections 302, 201 and 34 of the Indian Penal Code. The learned counsel for the petitioner submits that wife of the petitioner died due to illness.The father and the mother of the deceased participated in the cremation but later on, they concocted story of demand of dowry and torture. The prayer for bail of the petitioner was earlier rejected on 21.06.2017 passed in Cr. Misc. No.19643 of 2017 with a direction to the trial court to conclude the trial within one year from the date of receipt of the order but it is submitted that trial has not yet been concluded on such a report was called for and the learned Additional
Patna High Court Cr.Misc. No.55627 of 2018(4) dt.13-02-2019 2/2 Sessions Judge, F.T.C. II, Sitamarhi, who is in seisin of the case, reported that out of 19 prosecution witnesses, only 4 witnesses have been examined. The non-bailable warrant of arrest was also issued to the non-examining witnesses but the police did not submit execution report, causing delay in disposal of the case. The petitioner is in jail since 16.12.2016. Considering the aforesaid facts and the fact that petitioner is in jail for more than two years and the trial is not likely to be concluded in near future, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned F.T.C. II, Sitamarhi in connection with Sessions Trial No.235 of 2017, arising out of Pupri P.S. Case No.119 of 2015. (Prabhat Kumar Jha, J) Saurabh/- U T