Patna High CourtCR. MISC./56205/2017bail granted

Kundan Sharma v. The State Of Bihar

2017-11-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56205 of 2017 Arising Out of PS.Case No. -249 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== Kundan Sharma S/o Sri Arvind Singh, Resident of Village-Madhopur,P.S.- Janipur(Phulwarisharif), District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeeb Kumar Sanju For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 22-11-2017 Heard learned counsel for the petitioner and the A.P.P. for the State.

Earlier the prayer for bail of the petitioner was twice rejected but while rejecting the bail petition of the petitioner on 18.01.2017 in Cr.Misc. No.48575 of 2016 this Court directed the trial court to conclude the trial of the petitioner within six months from the date of framing of the charge. The impugned order dated 17.10.2017 goes to show that the charge against the petitioner was framed on 01.04.2017 but not a single witness could be examined till 17.10.2017.

Learned counsel for the petitioner submits that the trial of the petitioner is still pending. No doubt, petitioner

Patna High Court Cr.Misc. No.56205 of 2017 (2) dt.22-11-2017 2/2 happens to be the husband of the deceased and has been charged for the offence punishable under Sections 302, 304B/34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act but he is in jail custody since 13.04.2015. Therefore, considering his period of detention in jail custody as well as stage of the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-X, Patna, in Phulwarisharif (Janipur) P.S.Case No.249/15 / STR 808/16. (Hemant Kumar Srivastava, J) AnilKrSinha/- U