Patna High Court - Orders
Bhola Choudhary @ Ajay Choudhary vs State Of Bihar on 4 March, 2009
Author: Kishore K. Mandal
Bench: Kishore K. Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.49347 of 2008
BHOLA CHOUDHARY @ AJAY CHOUDHARY
Versus
STATE OF BIHAR
For the petitioner : Mr. Arun Kumar Arun, Advocate.
For the State : Mr. G.P. Gaiswal, APP
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3 04.03.2009Heard both sides.
The petitioner is facing prosecution under diverse sections of Indian Penal Code including section 304(b) of Indian Penal Code.
He is the husband of the deceased. On earlier occasion, this Court under order dated 14.2.2008 having regard to the submissions advanced on behalf of the petitioner rejected the prayer with the following observations:
"Considering the allegation in the First Information Report and the fact that the petitioner is the husband, this court is not inclined to enlarge the petitioner on bail at this stage and accordingly his prayer for bail is rejected. If the trial of the case is not taken up and concluded within 7 months from today, the petitioner is given liberty to move this court for bail."
In view of the said liberty, the petitioner has approached this Court again for grant of bail.
Under order dated 28.1.2009, a status report was called for from the Trial Court which has been submitted and is placed at Flag- X. Report indicates that out of 12 witnesses, 5 have already been examined and efforts are being made to get the rest of the witnesses examined. Counsel for the petitioner, referring to the certified copies of the depositions submits that witnesses so far examined in the case have turned hostile. 2 Be that as it may, this Court, considering the allegation and also keeping in view the liberty granted by this Court under order dated 14.2.2008 disposes of the present application in the following manner:
The Trial Court shall take all effective steps to ensure that rest of the prosecution witnesses are examined and the prosecution case is over on and before 30th May, 2009 failing which the Trial Court shall enlarge the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to his own satisfaction.
In the event of bail granted to the petitioner in terms of order passed today, the same shall be subject to following conditions:
(i) The petitioner shall appear in person on all the dates fixed at the trial.
(ii) In case of default on two consecutive dates, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with the procedures known in law..
With this observation and direction, the present application stands disposed of.
Counsel for the petitioner undertakes to deposit appropriate fee within two days for communication of the order through fax.
( Kishore K. Mandal, J. ) pkj