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 ----------- 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 2 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 3 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 4 merit and in accordance with law without being prejudiced by any finding or observation made in this order. Sanjay-II ( Dr. Ravi Ranjan, J)