High Court Patna High Court - Orders

Pappu Kumar @ Pappu Yadav vs State Of Bihar on 7 March, 2011

Patna High Court – Orders
Pappu Kumar @ Pappu Yadav vs State Of Bihar on 7 March, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.35428 of 2010

                       PAPPU KUMAR @ PAPPU YADAV
                                  Versus
                              STATE OF BIHAR
                                 -----------

03/- 07-03-2011 Heard learned counsel for the petitioner and

Additional Public Prosecutor for the State.

From perusal of the status report of the case

received from the court below, it appears that the trial is at its

fag end. Out of thirteen cited witnesses in the charge-sheet ten

have already been examined. Only three including the

informant remained to be produced by the prosecution. The

court below was expecting the conclusion of the trial within

two months if such witnesses are produced. Learned counsel

for the petitioner is not in a position to make this court aware

where informant could be examined or not till today.

Considering the facts and circumstances of the

case and period of 7/8 years given in the fardbeyan as the

period of marriage of the deceased with the petitioner. In the

event of any deliberate evading attitude of the informant to

appear before the court as witness. The petitioner namely,

Pappu Kumar @ Pappu Yadav, shall be released on bail on

furnishing bail bond of sum of Rs. 10,000/- (ten thousand

only) with two sureties of the like amount each to the

satisfaction of Additional Sessions Judge, F.T.C. I, Nalanda at

Bihar Sharif, in connection with S.T. No. 177 of 2008, arising

out of Chandi P.S. Case No. 104 of 2006. Subject to condition
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to attend the court regularly at least for two years or till

disposal of the case, whichever is earlier, and in the event of

failure on three consecutive dates, the privilege granted shall

be deemed to be cancelled.

But at the same time, it is further made clear that if

no step is taken by the court or prosecution to produce the

informant all due steps must be taken to procure attendance of

the informant as witness and on his examination within a

month the petitioner is at liberty to renew the prayer before the

trial court who on examining the circumstances pass

appropriate order in accordance with law.

Praveen/-                                          (Akhilesh Chandra, J.)