Vishal Paswan @ Kanchan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58594 of 2021 Arising Out of PS. Case No.-394 Year-2018 Thana- GAURICHAK District- Patna ====================================================== VISHAL PASWAN @ KANCHAN PASWAN Son of Rajendra Paswan Resident of Village - Kandap, P.S.- Gaurichak, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner seeks bail in Gaurichak P.S. Case No. 394 of 2018 registered under Section 304B/34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected taking into account that the petitioner happened to be husband of the

Patna High Court CR. MISC. No.58594 of 2021(3) dt.19-01-2022 2/3 deceased and the onus was upon him to explain the cause of death of his wife.

A report was called for from the trial court. It has been reported that out of 10 prosecution witnesses, seven prosecution witnesses have already been examined and only two officials and one non-official witnesses are yet to be examined in the present case. The trial is likely to be concluded within a period of six months.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate and the Sr. Superintendent of Police, Patna are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months. Let a copy of this order be communicated to the

Patna High Court CR. MISC. No.58594 of 2021(3) dt.19-01-2022 3/3 District Magistrate and the Sr. Superintendent of Police, Patna for needful.

(Sudhir Singh, J) A.K.V.//- U T