Ved Prakash Tiwary @ Bablu Tiwary v. The State Of Bihar

Patna High Court Cr.Misc. No.2047 of 2017 (3) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2047 of 2017 Arising Out of PS.Case No. -298 Year- 2008 Thana -ARA NAGAR District- BHOJPUR ====================================================== Ved Prakash Tiwary @ Bablu Tiwary, Son of Late Atal Bihari Tiwary, resident of Village- Chhotki Nainijore, Police Station- Brahmpur (Nainijore), District- Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Ara Town P.S. Case No. 298 of 2008, registered under Sections 498(a) and 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was refused thrice and lastly on 18.09.2013 by a Bench of this court with direction to the trial court to proceed with the trial on day-to-day basis so as to conclude the same preferably within six months from the date of receipt/production of a copy of the order but the trial of the petitioner has not been concluded as yet. It is further submitted

Patna High Court Cr.Misc. No.2047 of 2017 (3) dt.22-02-2017 that the petitioner, who is the husband of the deceased, is in custody since 11.05.2012, i.e., about more than four and half years.

A report regarding the present stage of trial has been received through letter no. 33, dated 06.02.2017, from the court of IVth Additional Sessions Judge, Bhojpur, Ara, which shows that out of 15 charge sheeted witnesses, 10 witnesses have been examined and warrant have already been issued to the remaining witnesses.

Having regard to the facts and the circumstances of the case and the period of custody, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the IVth Additional Sessions Judge, Bhojpur at Ara, in connection with S. Trial No. 418 of 2012 arising out of Ara Town P.S. Case No. 298 of 2008. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T