IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.9143 of 2011
NAND KISHORE SHARMA, son of Shri Yogendra
Singh, resident of Village-Ahiyapur, P.S.-Bihta, District-
Patna.. ...Petitioner
Versus
THE STATE OF BIHAR.... ...Opposite Party
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For the Petitioner : Mrs. Soni Shrivastava, Advocate
For the State : Mr. Umanath Mishra, A.P.P.
……………
3 27.04.2011 Heard learned counsel for the petitioner the
State and also perused the report kept at Flag ‘X’.
The petitioner seeks bail in a case registered
under Sections 304(B) and 201/34 of the Indian Penal
Code.
The prayer for bail of the petitioner, who
happens to be the husband of the victim (deceased), had
earlier been rejected twice. Firstly, vide order dated
26.11.2009 passed in Criminal Miscellaneous No.
25421 of 2009 and thereafter again on 25.08.2010
passed in Criminal Misc. No.21216 of 2010. However,
on that occasion, since the petitioner was only in
custody for more than two years, the trail court was
directed to take every steps for expeditious disposal of
the trial, preferably, within six months and liberty was
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granted to the petitioner to renew the prayer for bail if
the trial is not concluded within such period.
It is submitted on behalf of the petitioner
that now more than 8 months have elapsed since the
aforesaid order dated 25.08.2010 and the report is on
record which shows that only one witness has been
examined on behalf of the prosecution. Learned
counsel for the petitioner has produced certified copy of
the evidence of the PW-1 to show that even this witness
has not supported the case of the prosecution. It is
submitted on behalf of the petitioner that the wife of the
petitioner had died due to prolonged illness and, in fact,
the factum of the death had been communicated to the
family members of the deceased immediately and they
have participated in the cremation. However, on the
next day, they for the reasons best known to them, the
family members of the deceased became hostile and
lodged First Information Report wherein entire family
members of the petitioner have been roped in. Learned
counsel further submits that the petitioner has remained
in custody since 7.7.2008, i.e., for more than two years
and nine months and there is no likelihood of the trial
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being concluded in near future.
Having regard to the facts and the
circumstances of the case specially considering the
period of incarceration of the petitioner for more than
two years and nine months and also considering that
only one witness could be examined till the report of the
concerned Court, flagged at ‘X’, the petitioner, Nand
Kishore Sharma, is directed to be released on bail on his
furnishing bail bond of Rs.10,000/-(Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the A.D.J., 1st, Danapur, Patna, in
connection with Sessions Trial No.2456 of 2008,
arising out of Bihta P.S. Case No.161 of 2008, with a
further condition that the petitioner shall remain
present on each and every date during the course of the
trial in the court below. If the petitioner fails to remain
present on two consecutive dates during the course of
the trial without any reasonable cause being shown, the
court concerned would be at liberty to take steps for
cancellation of his bail bonds.
It is also made clear that the trial court shall
proceed in the matter and consider the same on its own
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merit and in accordance with law without being
prejudiced by any finding or observation made in this
order.
( Dr. Ravi Ranjan, J)
Sanjay-II