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Patna High CourtCR. MISC./62161/2017bail granted

Parmanand Kewat v. The State Of Bihar

2018-02-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62161 of 2017 Arising Out of PS.Case No. -18 Year- 2015 Thana -CHEWARA District- SHEIKHPURA ======================================================

1. Parmanand Kewat Son of Kapil Kewat Resident of village- Chewara (Beldari), P.S.- Chewara, District- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-02-2018 Heard both sides.

The petitioner seeks bail in Chewara P.S. case No. 18 of 2015 registered under Section 498A, 304B/34 of the Indian Penal Code.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 23.03.2017 passed in Cr. Misc. No. 40803 of 2016.

The learned counsel for the petitioner submits that direction was given to the court below to expedite the trial, hold the trial on day to day basis, and conclude the same within six months from the date of receipt of that order but even after lapse of 11 months the trial has not yet been concluded and all the witnesses have been declared hostile as they did not support the

Patna High Court Cr.Misc. No.62161 of 2017 (4) dt.21-02-2018 2/2 prosecution case. The petitioner is in jail since 09.09.2015. Considering the facts aforesaid and the fact that petitioner is in jail since 09.09.2015, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sheikhpura in connection with Sessions Trial No. 03 of 2016, arising out of Chewara P.S. case No. 18 of 2015.

(Prabhat Kumar Jha, J) BKS/- U T