← Library
Patna High CourtCR. MISC./47422/2019dismissed

Om Prakash Choudhary v. The State Of Bihar

2019-08-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47422 of 2019 Arising Out of PS. Case No.-144 Year-2016 Thana- DHANSOI District- Buxar ====================================================== OM PRAKASH CHOUDHARY, Son of Bijli Choudhary, Resident of VillageMohania, P.S.-Dhansoi, District- Buxar. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2019 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 28.2.2018 passed in Cr.Misc.No. 47981 of 2017 with direction to trial court to conclude the trial within a period of nine months and earlier to that vide order dated 17.7.2017 in Cr.Misc.No.18061 of 2017 the petitioner was permitted to withdraw the application as he was given liberty to renew his prayer for bail in the court below after completion of six months in custody by learned Sessions Judge vide order dated 4.1.2017. Petitioner happens to be husband and the case is of dowry death.

Submission of learned counsel for the petitioner is that as yet trial has not been concluded and except Doctor all the witnesses have been examined in this case.

Heard learned APP.

Patna High Court CR. MISC. No.47422 of 2019(2) dt.01-08-2019 2/2 In view of above facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. However, learned trial court is directed to expedite the trial and try to conclude it within a period of three months. At the same time, the Civil Surgeon, Saran is directed to ensure the presence of the Doctor in court on the date fixed.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T