Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18161 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -CHAURI District- BHOJPUR ====================================================== Mukesh Sah S/o Sri Dani Sah Resident of Village - Bhikhampur, P.S. Chouri, Distt. - Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-05-2017 Heard Sri Hemant Kumar, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail on behalf of the petitioner in Sessions Trial No. 319 of 2016 (arising out of Chouri P.S. Case No. 24 of 2016) registered for offence under Section 304(B) and other allied sections of the Indian Penal Code. The petitioner was the husband of the deceased. His prayer for bail was rejected on 17-08-2016, vide Cr. Misc. No. 26738 of 2016. In this case, by order dated 19-04-2017, a report was called for from the court below, which has been received and kept at flag 'A'. The report dated 26th April, 2017 indicates that in the case, charge was framed on 21-02-2017 and witnesses have been summoned and next date is fixed for evidence to 06-05-2017.

Patna High Court Cr.Misc. No.18161 of 2017 (3) dt.10-05-2017 2/2 Learned counsel for the petitioner submits that petitioner is in custody since 05-04-2016 and as such, he has renewed the prayer for bail.

Considering the fact that on merit, the prayer for bail was rejected recently as well as the fact that after framing of charge, trial has already commenced, there is no reason to recall my earlier order.

The prayer for bail again stands rejected.

However, while dismissing the petition, it is desirable to observe that the learned court below may take appropriate step so that the case may come to its logical end without unnecessary delay (Rakesh Kumar, J.) Anay U T