Md. Eslam @ Eslam @ Ful Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67054 of 2019 Arising Out of PS. Case No.-6 Year-2013 Thana- RAMGARHWA District- East Champaran ====================================================== MD. ESLAM @ ESLAM @ FUL BABU S/O Late Jasuddin Mian @ Gyasuddin Mian R/o Village- Bishambharpur, P.S.- Ramgarhwa, DistrictEast Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Giri For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2019 Heard the parties.
This application is for grant of regular bail in connection with Ramgarhwa P.S.Case No.6 of 2013 (corresponding to Sessions Trial No.207 of 2019) for the offences under Sections 304(B)/34 of the Indian Penal Code. Petitioner happens to be husband and the case is of dowry death with allegation that he has strangulated his wife. It further appears that earlier the prayer for bail of the petitioner was rejected, vide order dated 31.10.2018 passed in Cr. Misc. No.51522 of 2018 with a direction to the learned trial court to conclude the trial expeditiously preferably within a period of nine months.
Submission of the learned counsel for the
Patna High Court CR. MISC. No.67054 of 2019(4) dt.16-12-2019 2/2 petitioner is that even after expiry of seven months of framing of the charge, no witness has been examined and he is in custody for more than two years.
Heard learned A.P.P. , who has opposed th eprayer for bail stating that the trial has commenced, petitioner is the husband and the case is of dowry death..
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conduct it on regular basis as the petitioner is in custody for more than two years.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T