IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42780 of 2010 PRITAM BHAGAT, Son of Late Subhash Chandra Bhagat, R/O Village- Diksan Road, Mundichak, P.S. Tilakayli, District- Bhagalpur ---------------- Petitioner Versus THE STATE OF BIHAR ----------- 02 24-01-2011 Heard Sri Bindhya Keshri Kumar, learned Senior Counsell for the petitioner as well as learned Addl.Public Prosecutor. The petitioner, who is in custody in Sessions Trial No.137 of 2008, arising out of Kotwali ( Tilkamanjhi) P.S. Case No.519 of 2007, for the offences under Section 304 (B) and other allied Sections of the Indian Penal Code ,has prayed for grant of bail. Learned Senior Counsel for the petitioner, while pressing the bail petition, submits that the petitioner is in custody since 19.9.2007 and in the F.I.R. there was no allegation against the petitioner, rather the deceased had disclosed that she was carried by her husband i.e. the petitioner. Learned Senior Counsel for the petitioner while referring a Judgment reported in (1995)3 Supple. SCC 410 submits that the Hon’ble Supreme Court has held that the conduct of accused persons in a case of carrying victim to the hospital is positive conduct in favour of accused. Accordingly, it has been prayed for grant bail. Learned Senior Counsel for the petitioner submits that most of the witnesses in the trial have already been examined. Learned Addl.Public Prosecutor has vehemently opposed 2 the prayer for bail of the petitioner. Since the trial is almost at the fag end, the Court is of the opinion that it is not the stage for extending the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected. Keeping in view the fact that the petitioner is in custody since long, it is desirable to observe that the trial court will take all steps for early conclusion of the trial. NKS/- ( Rakesh Kumar, J.)