Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16851 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Gautam Kumar S/o Shri Ramswaroop Prasad R/o village- Bardaha, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.K. Shahi, Sr. Adv.
Ms. Prachi Pallavi, Adv.
For the Informant Mr. Deepak Kumar, Adv.
For the State :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned senior counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 304B/302/34 of the Indian Penal Code.
The prosecution case as lodged by the informant is that the marriage of his daughter was solemnized with the petitioner in the year 2016 and after marriage, she was tortured for demand of dowry and ultimately she has been killed by the petitioner with the help of parents.
Patna High Court CR. MISC. No.16851 of 2021(3) dt.22-10-2021 2/3 Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that deceased had committed suicide by hanging herself from the ceiling fan. There is no other injury on her body except for strangulation mark on the neck to substantiate allegation of informant that he was murdered. He submits that in charge-sheet, police found case is true against the petitioner under Section 302/304B IPC and charge-sheet has been filed under Sections 304B of the Indian Penal Code. He submits that there is no eye witness to the present case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 08.07.2020.
However, learned APP for the State and informant oppose the prayer for bail and submits that the trial is going on and two witnesses have already been examined. Considering the facts and circumstances of the case and the fact that petitioner is the husband of the victim, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage in connection with Sirdalla P.S. Case No. 210 of 2020 pending before the court of the learned Additional Chief Judicial Magistrate-I,
Patna High Court CR. MISC. No.16851 of 2021(3) dt.22-10-2021 3/3 Nawada.
However, learned court below is directed to expedite the trial preferably within a period of nine months. Petitioner is at liberty to renew his prayer for bail, if the trial is not concluded with the said period.
(Anjani Kumar Sharan, J) devendra/- U T