Sikandar Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6723 of 2021 Arising Out of PS. Case No.-328 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sikandar Ravidas, Aged about 25 years, Male, Son of Ashok Ravidas, R/o Mohalla- Bari Pahari, P.S.- Laheri, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Prasad Bhartee, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-02-2021 Heard Mr. Mahendra Prasad Bhartee, the learned counsel for the petitioner and Mr. B.N. Pandey, the learned Additional P.P.

The petitioner seeks bail in Laheri P.S. Case No.328 of 2018, registered under Sections 304(B) and 201 of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected by this Court vide order dated 05.03.2020, passed in Cr. Misc. No.70948 of 2019, but the trial has not yet been concluded. The petitioner is in jail since 07.12.2018. Petitioner has remained in jail for more than 28 months.

Report was called for from the learned Additional District & Sessions Judge-III, Nalanda at Biharsharif, who is in seisin of the case, who reported that on account of COVID-19 pandemic, the physical court was not held and, therefore, the trial of the case was stalled. It appears that the petitioner is the husband and within two years of the marriage, the petitioner is

Patna High Court CR. MISC. No.6723 of 2021(3) dt.24-02-2021 2/2 alleged to have killed his wife and her dead body was cremated without informing the police or getting the postmortem done of the dead body of his wife.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order.

The Superintendent of Police, Nalanda at Biharsharif is directed to ensure the attendance of the prosecution witnesses in the learned trial court so that the trial must be concluded within six months.

Let a copy of this order be sent to the learned trial court as well as the Superintendent of Police, Nalanda at Biharsharif for information and needful.

If the trial is not concluded within six months, the petitioner, if so advised, may renew his prayer for bail. (Prabhat Kumar Jha, J) S.KUMAR/- U T