Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7104 of 2021 Arising Out of PS. Case No.-583 Year-2019 Thana- SAHAYAK NAGAR District- Katihar ====================================================== JITENDRA SAH S/o LATE NARAYAN SAH R/O- Jaynagar, P.S.- Mansahi, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in connection with Nagar (S) P.S. Case no. 583 of 2019 registered under section 365 of the Indian Penal Code to which sections 302 and 304B of the Indian Penal Code were added subsequently.

As per allegation in the FIR and the material that has transpired in course of investigation, on the basis of confession, decomposed body of the deceased was recovered. It is submitted by learned counsel that the petitioner happens to be the husband of the deceased and has been falsely implicated in the case. The earlier application for bail of the petitioner was rejected vide order dated 3.7.2020 (Annexure-1) passed in Cr. Misc. no. 19127 of 2020. The petitioner is in

Patna High Court CR. MISC. No.7104 of 2021(3) dt.24-02-2021 2/2 custody since 22.9.2019 and there is no chance of the trial concluding in the near future.

A report was called for from the learned Court below with respect to the stage of trial and as per the report contained in letter dated 10.2.2021, two prosecution witnesses have been examined on 2.2.2021 and 10.2.2021.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and, as such, the same is rejected.

The learned trial Court is directed to expedite the trial. (Partha Sarthy, J) sushma/- U