Lal Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42703 of 2015 Arising Out of PS.Case No. -200 Year- 2011 Thana -SIDHWARA District- DARBHANGA ====================================================== Lal Mohammad S/o Late Md. Murtuza resident of village - Baheri, P.S. Singhwara, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. Allegation against the petitioner is that he along with other family members has killed the daughter of the informant due to non-fulfillment of the demand of dowry. Earlier the bail application of the petitioner was rejected vide order dated 26.11.2015 passed in Cr. Misc. No. 42703 of 2015 with the direction to the court below to conclude the trial preferably within a period of seven months from the date of receipt/production of the order.

Vide letter No. 56 dated 19.07.2016, it has been submitted by the trial court that out of 9 prosecution witnesses, six prosecution witnesses have already been examined and the

Patna High Court Cr.Misc. No.42703 of 2015 (4) dt.23-11-2016 2/2 processes have been issued against rest three remaining prosecution witnesses for their production in the trial court. It has further been stated that a further period of six months be granted for concluding the trial.

Considering the aforesaid facts and circumstances and letter No. 56 dated 19.07.2016 the Trial Court is granted a further period of five months for concluding the trial as only three prosecution witnesses are to be examined in the present case. The District Magistrate, Darbhanga and the Superintendent of Police, Darbhanga are directed to ensure that the remaining three prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.

Let a copy of this order be communicated to the District Magistrate, Darbhanga and the Superintendent of Police, Darbhanga.

(Sudhir Singh, J.) Amit/- U T