Arman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61046 of 2021 Arising Out of PS. Case No.-528 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== ARMAN ANSARI Son of Bashir Ansari Resident of Village- Sunarpatti Tola, Muhammadpur, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2022 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. Heard learned counsel for the petitioner and the State through virtual mode.

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. The petitioner seeks bail in Shikarpur P.S. Case No. 528 of 2019 initially registered under Sections 376, 324, 307 and 326 of the Indian Penal Code and later on, Section-302 was also added. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the

Patna High Court CR. MISC. No.61046 of 2021(3) dt.02-02-2022 2/2 petitioner was alleged to have poured Kerosene oil upon the deceased and set fire on her. The postmortem report corroborates the allegation made in the FIR.

A report was called for from the trial court. It has been reported that charge has been framed in this case but the trial could not proceed as the court was vacant. Considering the nature of accusation, 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 preferably within a period of nine months from the date of receipt/production of copy of this order. The District Magistrate and the Superintendent of Police, Bettiah, West Champaran 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 nine months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Bettiah, West Champaran for needful.

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