Raj Kumar @ Raj Kumar Rai @ Tofa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72341 of 2018 Arising Out of PS. Case No.-556 Year-2015 Thana- MAHUA District- Vaishali ====================================================== Raj Kumar @ Raj Kumar Rai @ Tofa, son of Shri Lokhendra Rai, Resident of village- Mirzanagar Dogar, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjum Perveen For the Opposite Party/s :
Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-02-2019 The petitioner seeks bail in connection with Sessions Trial No. 427 of 2017 arising out Mahua P.S.Case No. 556 of 2015 registered under Sections 304B/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. Earlier prayer for bail of the petitioner was rejected vide order dated 09.08.2017 passed in Cr. Misc. No. 30392 of 2017. Petitioner is husband and allegation is of dowry death. Submission of learned counsel for the petitioner is that in spite of petitioner having been remained in custody for more than two years, not a single witness has been examined in this case though it was direction to the trial court to expedite the trial and conclude it within a period of one year.
Heard learned A.P.P also and perused the report from which it appears that up till now not a single witness has been
Patna High Court Cr.Misc. No.72341 of 2018(4) dt.07-02-2019 2/2 examined, however, learned court below has submitted that for examination of witnesses summons have been issued. In such view of the matter, I am not inclined to grant privilege of bail to petitioner. However, considering the facts and circumstances that petitioner is in custody 16.01.2017, trial court is directed to expedite the trial and conduct it on regular basis. At the same time, Superintendent of Police, Vaishali (Hajipur) is directed to produce the witnesses on the date fixed in trial so that it may be concluded as soon as possible. (Vinod Kumar Sinha, J) sujit/- U T