IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33378 of 2010 Rajdeo Sah, S/o Anchit Sah, resident of Village Chintamanpur, Police Station Pipra, District East Champaran……………………..Petitioner Versus The State Of Bihar ………………Opposite Party ---------------------------------- 5 03.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The case is under sections 304 B and 201 read with Section 34 of the Indian Penal Code. Petitioner is the husband. Earlier bail application of the petitioner was rejected by this Court vide order dated 06.08.2009 passed in Cr. Misc. No.16743 of 2009. This Court directed the trial court to expedite the trial of the case. But the trial has remained pending and the petitioner has moved this Court again. A report was called for from the trial court and from the report submitted through letter dated 22.02.2011 it appears that progress was made in the trial and the learned court below estimated time for conclusion of the trial as 5 months as only six more witnesses remained to be examined. 2 Today a supplementary affidavit has been filed on behalf of the petitioner along which evidence of some of witnesses and close relations of the deceased who have been examined in the trial. It is stated that they have not supported the prosecution case. It is not clear as to whether remaining six witnesses have been examined in the court below by now or not. If they have not been examined and trial is lingering on account of delay being caused by the prosecution, petitioner will be at liberty to move the Trial Court itself for bail which Trial Court shall consider and dispose of on merits without being prejudiced by the earlier order of this Court rejecting bail application of the petitioner. The application is disposed of. BT (J. N. Singh, J.)