Patna High CourtCR. MISC./58719/2018dismissed

Rajesh Rajak v. The State Of Bihar

2018-10-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.58719 of 2018 (3) dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58719 of 2018 Arising Out of PS.Case No. -334 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Rajesh Rajak, Son of Kanhaiee Rajak, Resident of Village Bhakharpur, P.S. Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier the applicator of the petitioner for grant of bail has been dismissed vide order dated 07.07.2017 passed in Cr. Misc. No. 24179 of 2017 in connection with Pirpainti P.S. Case No. 334/15, registered for offences punishable under Sections 304B/34 of Indian Penal Code.

Petitioner happens to be the husband of the deceased and allegation is of causing dowry death of the deceased. It has been submitted on behalf of the petitioner that he has been in custody since 05.03.2016 and uptil now the trial has not commenced though earlier there was direction to conclude the trial within a period of nine months.

Patna High Court Cr.Misc. No.58719 of 2018 (3) dt.10-10-2018 Earlier a report has been called for with regard to stage of trial, which has since been received, from which, it appears that after framing of charge four witnesses have been examined and for the examination of rest of the witnesses, letter has been written to the Superintendent of Police, Bhagalpur.

Having heard both sides, considering the fact and circumstances of the case, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it as expeditiously as possible even by conducting the trial on day to day basis.

At the same time, Superintendent of Police, Bhagalpur is also directed to ensure the presence of witnesses in the Trial Court on the date fixed.

(Vinod Kumar Sinha, J) sunil/- U T