Anwar Miya v. The State Of Bihar

Patna High Court Cr.Misc. No.43615 of 2014 (3) dt.28-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43615 of 2014 Arising Out of PS.Case No. -206 Year- 2012 Thana -BHORE District- GOPALGANJ ====================================================== ANWAR MIYA, SON OF JAMADAR MIYA, RESIDENT OF VILLAGE- PIYARAUTA, P.S.-BHOREY, DISTRICT-GOPALGANJ. .... .... PETITIONER.

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjya Kumar Chaubey, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bhorey P.S. Case No. 206 of 2012 registered under Sections 302 and 201/34 of the Indian Penal Code.

A report regarding the present stage of trial has been received through letter no. 586 dated 24.12.2014, from the court of Additional District and Sessions Judge-IV, Gopalganj, which shows that after framing of charge on 18.07.2014 in Sessions Trial No. 216 of 2014, two witnesses have been examined and eight witnesses are yet to be examined. Trial court has expected that the trial will be concluded within four months. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.43615 of 2014 (3) dt.28-01-2015 prayer for bail of the petitioner, who is the husband of the deceased, Salma Khatoon, was earlier rejected on merit vide order dated 11.02.2014 passed in Cr. Misc. No. 31850 of 2013 by this Court. It is further submitted that petitioner is in custody since 30.01.2013.

Having considered the facts and circumstances of the case, I find no ground to reconsider the prayer for bail of the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, the trial court is directed to conclude the trial of the petitioner within six months by taking all effective steps. If the trial is not concluded within aforesaid period of six months, the petitioner would be at liberty to renew his prayer for bail (Rajendra Kumar Mishra, J) Bhardwaj/- U T