Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66730 of 2018 Arising Out of PS. Case No.-9 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Munna Sah, son of Rajendra Sah, Resident of Village- Jahingra, Police Station- Pipra, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-12-2018 The petitioner seeks bail in connection with Sessions Trial No. 957 of 2017 arising out of Pipra P.S.Case No. 9 of 2017 registered under Sections 304(B)/34 of the Indian penal Code. It is a case of dowry death and petitioner happens to be the husband and earlier his prayer for bail was rejected vide order dated 20.03.2018 passed in Cr. Misc. No. 54872 of 2017. Submission of learned counsel for the petitioner is that one witness has been examined in this case and he has been declared hostile and the case thereafter is pending for viscera report. However, petitioner is in custody for about 22 months. Heard learned APP also.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. However, trial court is directed to expedite the trial and

Patna High Court Cr.Misc. No.66730 of 2018(3) dt.06-12-2018 2/2 once evidence of the informant and his family members is recorded in this case, petitioner will have liberty to renew his prayer for bail before the trial court. The trial court after considering the evidence of the informant and his family member, will pass an appropriate order on the petition, if any, filed by the petitioner.

Accordingly, this application stands dismissed. (Vinod Kumar Sinha, J) sujit/- U T