Dipak Sah @ Deepak Sah @ Deepak Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52045 of 2017 Arising Out of PS. Case No.-228 Year-2015 Thana- SIMARI District- Buxar ====================================================== Dipak Sah @ Deepak Sah @ Deepak Gupta , S/o Sri Ram Sah, R/o VillageKeshopur, P.S.- Simari (T.R.H.O.P.), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Arvind Kumar Pradhan For the Opposite Party/s :
Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-12-2017 Heard Sri Arvind Kumar Pradhan, learned counsel for the petitioner , Sri Tapeshwar Sharma, learned Additional Public Prosecutor as well as Sri Parijat Saurav, learned counsel, who has voluntarily appeared on behalf of the informant. This is second attempt for grant of bail on behalf of the petitioner in Simari (T.R.H.O.P.) P.S. Case No. 228 of 2015 registered for the offence under Sections 498(A), 304(B), 201/ 34 of the Indian Penal Code, 1860. Earlier, by order dated 13.12.2016 vide Cr. Misc. No. 43028 of 2016 the prayer for bail of the petitioner was rejected considering the fact that petitioner was the husband of the deceased and dead body in the case was disposed of without any intimation to the informant's side. In this case, by order dated 08.11.2017 a report was called for from the court below regarding the stage of the case , which has
Patna High Court Cr.Misc. No.52045 of 2017(3) dt.13-12-2017 2/2 been received and kept at flag 'A'. The report dated 25.11.2017 sent under the signature of Sri Arun Kumar Srivastava, Presiding Officer , F.T.C. -I, Buxar makes it clear that trial is going on and out of ten charge-sheet witnesses, three witnesses have already been examined.
Considering the fact that trial is continuing and witnesses are being examined, there is no reason to review my earlier order. However, considering the fact that petitioner is in custody since 21.06.2016 , while dismissing the prayer for bail it is desirable to observe that the learned trial court as well as the prosecution may take appropriate steps so that the case may come to its logical end without unnecessary delay. (Rakesh Kumar, J) praful/- U T