Surender Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59492 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ====================================================== SURENDER MAHTO Son of Shyam Bihari Mahto Resident of Village - Sahpur Khari Tola, Ward No. 6, P.S.- Kochadhaman, District - Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh, Adocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khre, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in Sessions Trial No. 38 of 2019 arising out of Kochadhaman P.S. Case No. 180 of 2018 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the trial has already begun and four prosecution witnesses have been examined so far.

Today a supplementary affidavit has been brought on record with the certified copies the depositions of four witnesses.

It appears to this Court that some of the material witnesses are still required to be examined in course of trial. The trial is already going on, the petitioner being the husband is in

Patna High Court CR. MISC. No.59492 of 2019(5) dt.18-12-2019 2/2 custody only from 23.09.2018, considering the nature of the allegations and the relationship of this petitioner with that of the deceased and the fact that the trial is already going on, I am not inclined to enlarge the petitioner on bail at this stage. Let the trial be expedited and the trial court should conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. No unnecessary adjournment shall be granted and he Public Prosecutor would be obliged to produce all the witnesses on the date fixed in the matter so that it may be concluded within the aforesaid period.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) avin/- U T