Md. Shamsher Alam @ Shamsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60385 of 2019 Arising Out of PS. Case No.-116 Year-2017 Thana- GOVINDPUR District- Nawada ====================================================== MD. SHAMSHER ALAM @ SHAMSHER ALAM Son of Nazamuddin @ Nezam Resident of Village- Baniya Bigha, P.S.- Govindpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Heard the parties.

The petitioner seeks regular bail in connection with Sessons Trial No.88 of 2018/20 of 2018, arising out of Govindpur P.S.case No.116 of 2017 registered for offences punishable under Section 304(B)of the Indian Penal Code. Petitioner happens to be husband of the deceased. Case is of dowry death.

Earlier the prayer for bail of the petitioner was rejected twice firstly vide order dated 7.5.7.5.2019 passed in Cr. Misc. No.27311 of 2018 and secondly vide order dated 13.2.2019 passed in Cr. Misc. No.8263 of 2019.

Submission of the learned counsel for the petitioner is that he is in custody for more than two years and up till now

Patna High Court CR. MISC. No.60385 of 2019(2) dt.03-03-2020 2/2 three witnesses have only been examined and three witnesses have been examined prior to second rejection of prayer for bail of the petitioner. Up till now there is no progress. It has also been submitted that she died due to hanging but in the first order, it has come that she was set on fire by pouring k-oil. Heard learned A.P.P. also.

Having heard both sides and in view of submissions as made above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and since the petitioner is in custody for two years and four months, conduct it on regular basis so as to conclude it within a period of nine months and if not concluded, the petitioner is at liberty to renew his prayer for bail.

Accordingly, this application is dismissed.

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