Patna High CourtCR. MISC./55927/2019bail granted

Kamlesh Kumar Sharma @ Kamlesh Kumar v. The State Of Bihar

2020-01-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55927 of 2019 Arising Out of PS. Case No.-151 Year-2014 Thana- PATNA CITY CHOWK District- Patna ====================================================== Kamlesh Kumar Sharma @ Kamlesh Kumar, S/o Shyam Bahadur Sharma, R/o Kauakhoh, P.S.- Chowk, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Sharma For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

This is the third attempt of the petitioner seeking bail in a case instituted for the offences under Sections 304B and 201 of the Indian Penal Code. Earlier, twice the bail applications of the petitioner were rejected by this Court taking into account that the petitioner happen to be the husband of the deceased.

A report has been called from the Court below. It has been reported that none of the prosecution witness has been examined in this case and if the parties will cooperate, the trial may be concluded within a period of six months. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.4.2015 and has got no

Patna High Court CR. MISC. No.55927 of 2019(3) dt.08-01-2020 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has remained in custody for a period of four years and nine months. There is no chance of the trial being concluded in near future. The petitioner has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Additional District & Sessions Judge, 1st Patna City, District- Patna in connection with Chowk P.S. Case No. 151/2014 (Sessions Trial No. 750/16).

(Sudhir Singh, J) Pankaj/- U T