← Library
Patna High CourtCR. MISC./53333/2021dismissed

Madhurendra Kumar @ Maksudan Ray v. The State Of Bihar

2022-05-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53333 of 2021 Arising Out of PS. Case No.-53 Year-2017 Thana- BATHNAHA District- Sitamarhi ====================================================== MADHURENDRA KUMAR @ MAKSUDAN RAY S/o- Siyaram Ray R/o Village- Ghoghraha, P.S.- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner, State and learned counsel for the Informant.

The matter relates to Sessions Trial No. 144 of 2018 arising out of Bathnaha P.S. Case No. 53 of 2017 registered under Section 302 and 34 of the Indian Penal Code pending before the Court of learned Additional District Sessions Judge, Sitamarhi.

Earlier the petitioner had moved for bail in Cr. Misc. No. 30075 of 2018 which was dismissed vide order dated 18.07.2018 by a co-ordinate Bench of this Court. Vide an order dated 05.04.2022, a report was called for from the Court of learned Additional District and Sessions Judge - 1st, Sitamarhi. Report has been received by Letter No. 126 dated 19th of April, 2022 in which it has been stated that out

Patna High Court CR. MISC. No.53333 of 2021(3) dt.12-05-2022 2/2 of seven (7) prosecution witnesses, only three (3) more prosecution witnesses are to be examined with a further statement that she has joined the post only on 25.03.2022. Considering the aforesaid facts, the prayer for bail of the petitioner is rejected for the present.

The Trial Court is directed to conclude the trial within a period of six months from the date of receipt of this order taking up the matter on day to day basis, if possible even if there is non-co-operation on behalf of the petitioner side. The petitioner will be at liberty to renew his prayer for bail if without any fault of his, the trial could not be concluded within the aforesaid period.

(Rajiv Roy, J) Jagdish/- U T