IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35428 of 2010
PAPPU KUMAR @ PAPPU YADAV
Versus
STATE OF BIHAR
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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.)