IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50239 of 2007 SHAMBHU SINGH Versus THE STATE OF BIHAR ----------- 4 9/5/2008 Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner in this case is facing prosecution under section 304 B of the Indian Penal Code. The petitioner is husband. Counsel for the petitioner submits that in view of the fact that other co-accused have already been granted bail, and the petitioner is in custody since 24.10.2005, he should also be granted bail. Counsel for the State, on the other hand, submits that the trial has commenced and five witnesses have already been examined on behalf of the prosecution. Considering the aforementioned submissions, this Court is of the view that as the trial is in progress, the petitioner, who is husband, should not be granted bail at this stage. In that view of the matter, prayer for bail of the petitioner is hereby rejected. It has been found from the report of the trial court dated 19.3.2008 that the Presiding Officer has recently joined and therefore he was not in a position to dispose of the case. He has also noticed other aspect such as dispute with regard to identity of one Arun Singh. This Court thus upon taking into consideration aforesaid aspects as well as the 2 fact that the petitioner is in custody since two and half years, and the trial against him is still pending, would direct the trial court to conclude the trial within a period of one year. In the event the trial is not concluded within a period of one year, the petitioner will have the liberty to move first the trial court who will record the reason as to why trial has not been concluded within the aforesaid period of one year. It is only thereafter the petitioner may renew prayer for bail before this Court. ( Mihir Kumar Jha, J.) Abhay Kumar.