Pappu Kumar @ Pappu Kumar Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13606 of 2021 Arising Out of PS. Case No.-21 Year-2019 Thana- NARAINPUR District- Bhojpur ====================================================== PAPPU KUMAR @ PAPPU KUMAR KESHARI SON OF RAJENDRA PRASAD KESHARI R/o village- Dagar Par, Narayanpur, P.S.- Narayanpur, District- Ara at Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Ms.Priyanka Singh, Adv.

For the State :

Mr.Matloob Rab, APP For the Informant : Mr. Ravindra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-08-2021 Heard learned Senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant through video conferencing.

The petitioner has renewed his prayer for bail in a case registered under sections 304B, 120B of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. It is submitted by learned Senior counsel appearing for the petitioner that the petitioner who is the husband of the deceased is innocent and has been falsely implicated in the case. The earlier application for bail of the petitioner was rejected vide order dated 18.3.2020 giving liberty to the petitioner to renew his prayer for bail after six months in case there is no

Patna High Court CR. MISC. No.13606 of 2021(3) dt.04-08-2021 2/3 substantial progress in the trial. It is submitted that in spite of the petitioner being in custody since 26.3.2019, charges have still not been framed in the learned court below. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner is the husband of the deceased and is the main person who was responsible for her well being. The prosecution would examine their witnesses within the time which may be fixed by this Court. The application for bail be rejected.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for 2 years 4 months and trial in the learned court below still not having commenced, the petitioner is directed to be enlarged on bail in connection with Narayanpur P.S. Case no.21 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

It is further directed that the petitioner shall cooperate in the trial. In case at any stage, the learned trial court is of the opinion that the trial is being delayed due to non-

Patna High Court CR. MISC. No.13606 of 2021(3) dt.04-08-2021 3/3 cooperation on part of the petitioner, the learned trial court will be at liberty to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T