Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57322 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== GOPAL YADAV Son of Ram Janam Yadav @ Ram Janam Singh Resident of Village- Hatta, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 20.11.2018 passed in Criminal Miscellaneous No.64409 of 2018 and also vide order dated 21.06.2019 passed in Criminal Miscellaneous No.31874 of 2019 in connection with Chainpur Police Station Case No.35 of 2018. Thereafter, vide order dated 31.07.2019, restoration application vide Criminal Miscellaneous No.41454 of 2019 was also dismissed. Allegation against the petitioner is of demand of dowry of Rs.5,00,000/- (Rupees Five Lacs) from the informant and also of firing upon him and apart from that he is accused in six other cases. Submission of learned counsel for the petitioner is that he has falsely been implicated by the informant as there was land dispute between the parties and for that a proceeding under Section 107 of the Code of Criminal Procedure was also going on between them. He further submits that petitioner is in custody for more than a

Patna High Court CR. MISC. No. 57322 of 2019(2) dt.11-09-2019 2/2 year now.

Heard learned A.P.P. and learned counsel for the informant, who opposed the prayer for bail.

Having heard both sides and in view of the fact that charges have already been framed and submission of learned counsel for the informant is that he will examine all the witnesses within six months, if the petitioner co-operates, I am not inclined to enlarge the petitioner on bail.

However, the learned trial court is directed to expedite the trial and try to conclude the same within a period of six months. During that period, both the parties shall co-operate in disposal of the case. It is also made clear that if the trial is not concluded within six months and there is no laches on the part of the petitioner, he may pray before the learned trial court for grant of bail, which will be considered by the learned trial court and it will be disposed of by a reasoned order on the basis of material available on the record. This application is accordingly dismissed.

(Vinod Kumar Sinha, J) abhishek/- U T