Patna High CourtCR. MISC./6957/2015bail granted

Rajendra Mahto v. The State Of Bihar

2015-03-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6957 of 2015 Arising Out of PS.Case No. -119 Year- 2011 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajendra Mahto S/o Ratan Mahto Resident of Village - Siswa Pakari, P.S. Shikarpur, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-03-2015 Earlier the prayer for bail of the petitioner was thrice rejected by this Court and while rejecting the bail petition of the petitioner on 05.03.2014 this Court directed the trial court to conclude the trial of the petitioner within six months but order dated 20.11.2014 passed by the learned trial court reveals that the trial of the petitioner is still pending.

Learned counsel for the petitioner submits that while rejecting the prayer for bail on 05.03.2014 this Court noticed that only ten prosecution witnesses had been examined and the trial court had sought six months time to conclude the trial but even after lapse of six months the position was similar because till 20.11.2014 only ten prosecution witnesses had been examined.

Patna High Court Cr.Misc. No.6957 of 2015 (2) dt.11-03-2015 2/2 Admittedly, petitioner is in jail custody since 13.06.2011 in a case registered under section 304B therefore, considering the period of detention of the petitioner in jail custody as well as present stage of his trial, petitioner is directed to be released on bail, on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Bettiah, West Champaran in connection with Session trial no. 210 of 2012 arising out of Shikarpur P.S.Case No. 119 of 2011, subject to condition that he shall attend the trail court on each and every date in person for the period of six months till conclusion of his trial which ever is earlier and, if, he fails to do so, on two consecutives dates without giving any reasonable explanation the trial court shall be at liberty to cancel the bail bonds of the petitioner. (Hemant Kumar Srivastava, J) Namita/- U T