Humau v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71098 of 2022 Arising Out of PS. Case No.-59 Year-2020 Thana- BAISI District- Purnia ====================================================== HUMAU Son of Abdul Khalik @ Abdul Khalique R/v- Hardar, P.S.- Baisi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 302, 498A, 120B and 34 of the Indian Penal Code.

The earlier application for bail of the petitioner was rejected vide order dated 7.7.2021 passed in Cr. Misc. no.6751 of 2021 and order dated 30.3.2022 passed in Cr. Misc. no.5412 of 2022.

As per the prosecution case, the petitioner who was married to the deceased 25 years ago, over a dispute over the hand pump, it is stated that the petitioner banged the head of the deceased in the trailer of the tractor leading to her death. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71098 of 2022(3) dt.11-01-2023 2/3 that while rejecting the prayer for bail of the petitioner vide order dated 30.3.2022, liberty was granted to the petitioner to renew his prayer for bail in the learned trial court if the trial is not concluded within four months. It is submitted that the petitioner has remained in custody since 10.9.2020 and there is no chance of the trial concluding in the near future. A report was called for from the learned trial court. It transpires that although nine witnesses have been examined till date on behalf of the prosecution, however, as per the report received contained in letter dated 19.12.2022 of the 2nd Additional Sessions Judge, Purnea, the last witness was examined on 30.3.2022 and no witness has been examined in the last nine months.

Having heard learned counsel for the parties and taking into consideration the allegations, the liberty granted in the last order of rejection dated 30.3.2022 and no witness having been examined on behalf of the prosecution in the last more than nine months since 30.3.2022 together with the petitioner having remained in custody for more than 2 years since 10.9.2020, the Court directs the petitioner to be enlarged on bail in connection with Trial no.63 of 2021/CIS no.63 of 2021 (arising out of Baisi P.S. Case no.59 of 2020) on furnishing bail

Patna High Court CR. MISC. No.71098 of 2022(3) dt.11-01-2023 3/3 bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Purnea.

(Partha Sarthy, J) Saurabh/- U T