Md. Shah Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.53871 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- SHRI NAGAR District- Madhepura ====================================================== Md. Shah Alam Son of Md. Tamjid @ Md. Tamjid Alam Resident of village - Pokharia, Ward No.- 8, P.S.- Srinagar, District - Madhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks from today.

Heard learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Srinagar P.S. Case No. 83 of 2021 registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code. He is in custody since 23.08.2021. The petitioner has got no criminal antecedent.

On perusal of the impugned order it appears that in this case the trial has already begun and some of the witnesses have been examined. Those depositions are not before this Court and in the facts and circumstances of the case,

Patna High Court CR. MISC. No.53871 of 2022(2) dt.16-12-2022 2/2 considering that the petitioner is said to be the husband of the deceased and the death has taken place within one and half years of the marriage but it is said to be at the parental house of the deceased, at this stage, this Court is not inclined to enlarge the petitioner on bail.

The learned trial court is directed to expedite the trial and all endeavours be made to conclude the trial within a period of nine months from the date of communication of this order, failing which the petitioner is at liberty to renew his prayer for bail. The renewal would be subject to the condition that there is no effort to delay the trial from the petitioner's side. This application stands disposed of.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) vats/- U T