Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46954 of 2022 Arising Out of PS. Case No.-756 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== CHANDA DEVI W/o Mithilesh Kumar Mandal @ Mithlesh Kumar R/o village- Pannuchak, P.S.- Ghogha, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 307 and 504 of the Indian Penal Code and later on Section 302 of the Indian Penal Code is added. Earlier the application for prayer for consideration of bail of this petitioner has been dismissed as withdrawn vide order dated 07.04.2022.

Again by way of this application, the petitioner has renewed his prayer for bail. This Court while entertaining this application, called for a report with regard to present stage of the trial vide order dated 21.09.2022 which is received and forms part of this application at Flag-P. On perusal thereof, it would reveal that charge has been framed in this case on 22.02.2022 and out of five witnesses, one of the witness has been examined and the summons have been issued to rest of the witnesses for

Patna High Court CR. MISC. No.46954 of 2022(3) dt.16-11-2022 2/2 their examination.

Learned counsel appearing for the petitioner referring to the aforesaid report submits that the trial of this case is not likely to be concluded in near future. Hence, the petitioner may be enlarged on bail as he has been languishing in judicial custody since 11.02.2021.

Learned A.P.P. for the State has, vehemently, opposed the prayer for bail of the petitioner and submit that a direction may be issued to the learned trial court to expedite the trial and try to conclude it soon.

Considering the nature of allegation and the offence as also the ratio of burn injury of the deceased as mentioned in the postmortem report and taking note of the substantial progress in the trial as mentioned in the report received from the trial court, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected. However, learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) brajesh/- U T