Pradeep Kumar vs The State Of Bihar
2021 Latest Caselaw 2562 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 12370 of 2021
   Arising Out of PS Case No.-42 Year-2019 Thana- HARSIDHI District- East Champaran
 ======================================================

Pradeep Kumar, aged about 32 years, Male, Son of Late Yamuna Singh, Resident of Village-Ghoghuaha Bairiyadih, PS- Harsidhi, District- East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s    :        Mr. Priyesh Kumar, Advocate
 For the State           :        Ms. Madhuri Lata, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Priyesh Kumar, learned counsel for the

petitioner and Ms. Madhuri Lata, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Harsidhi PS Case No. 42 of 2019 dated 28.01.2019, instituted

under Sections 304B, 302 and 201/34 of the Indian Penal Code.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 11.12.2019 passed

in Cr. Misc. No. 46040 of 2019.

Patna High Court CR. MISC. No.12370 of 2021 dt.23-06-2021

5. Learned counsel for the petitioner reiterated the

submissions which were advanced on behalf of the petitioner and

recorded in order dated 11.12.2019.

6. Earlier, by order dated 12.04.2021, a report was

called from the Court below with regard to the status of the trial.

In terms thereof, report dated 13.04.2021 has been received from

the 21st Additional District and Sessions Judge, East Champaran,

Motihari in which it has been stated that the trial would take at

least two months to conclude due to COVID-19 pandemic.

7. Learned APP submitted that there are no mitigating

circumstances, except for efflux of time, for reconsideration of the

prayer, especially in view of what has been recorded on merits in

order dated 11.12.2019.

8. Learned counsel for the petitioner submitted that the

Court below be directed to conclude the trial at the earliest.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

what has been recorded in the earlier order dated 11.12.2019

passed in Cr. Misc. No. 46040 of 2019, the Court is not inclined to

grant bail to the petitioner.

10. Accordingly, the application stands dismissed.

Patna High Court CR. MISC. No.12370 of 2021 dt.23-06-2021

11. However, in view of the report received from the

Court below, let the trial be concluded expeditiously and latest

within six months.

12. Registry shall communicate the order to the Court

below forthwith.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T