Patna High CourtCR. MISC./61606/2021dismissed

Md. Imteyaz Shah v. The State Of Bihar

2022-02-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61606 of 2021 Arising Out of PS. Case No.-51 Year-2019 Thana- GURARU District- Gaya ====================================================== Md. Imteyaz Shah S/O Murtaza Shah @ Md. Murtaaz Shah R/O VillageGhatera Tola Takiya Par, P.S-Guraru, District-Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== 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. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner seeks bail in Guraru P.S. Case No. 51 of 2019 registered under Section 304B/34 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner happened to be husband of the deceased and the onus was upon him to explain the cause of death of his wife.

Patna High Court CR. MISC. No.61606 of 2021(3) dt.02-02-2022 2/2 A report was called for from the trial court. It has been reported that the case has been committed to the court of Sessions.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Accordingly, the 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 Sr. Superintendent of Police, Gaya 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 Sr. Superintendent of Police, Gaya for needful. (Sudhir Singh, J) A.K.V.//- U T