Umesh Vishwakarma @ Umesh Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7653 of 2023 Arising Out of PS. Case No.-137 Year-2021 Thana- TEKARI District- Gaya ====================================================== UMESH VISHWAKARMA @ UMESH MISTRI Son of Late Kailash Mistry @ Late Kailash Vishwakarma R/v- Jalalpur, P.S.- Tikari, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under section 302 of the Indian Penal Code.

As per the prosecution case, the informant states that the petitioner herein who happens to be the informant's father assaulted his wife i.e. the informant's mother as a result of which she died.

The earlier prayer for bail of the petitioner was rejected vide order dated 9.5.2022 (Annexure-1) passed in Cr. Misc. no. 54120 of 2021.

It is submitted by learned counsel for the petitioner that charge was framed against the petitioner in the learned trial Court on 25.2.2022 itself and it has been more than 9 months

Patna High Court CR. MISC. No.7653 of 2023(2) dt.22-03-2023 2/2 since the date of rejection of the above mentioned order. The petitioner is in custody since 31.3.2021 and undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner being in custody since 31.3.2021, liberty granted to the petitioner in the aforesaid order of rejection dated 9.5.2022 and charge having been framed against the petitioner in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 18/22/06/22 (arising out of Tekari (Mau O.P.) P.S. Case no. 137 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-X, Gaya.

(Partha Sarthy, J) Shiv/- U T