Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19716 of 2021 Arising Out of PS. Case No.-41 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== SHANKAR KUMAR, Son of Late Shree Ram Prasad, Resident of VillageManpur Patwa Toli, P.S.- Buniyadganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with S.Tr. No. 311 of 2018 arising out of Buniyadganj P.S. Case No. 41 of 2018 registered for the offences punishable under Sections 304(B), 201, 34 & 506 of the Indian Penal Code.

The prosecution case, in short, is that due to nonfulfillment of demand of dowry, the petitioner along with other accused persons killed the sister of informant on 03.03.2018 and disposed of the dead body without informing him. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19716 of 2021(4) dt.07-03-2022 2/2 petitioner has committed no offence and he has falsely been implicated in the present case only being husband of the deceased. He further submits that trial of the present case is commenced and out of six witnesses five witnesses have been examined till date only one charge-sheet witness is remained for examination. Petitioner is in custody since 20.03.2018. Learned counsel for the informant as well as learned Additional Public Prosecutor vehemently opposed the prayer of bail. He submits that there is direct allegation levelled against this petitioner of causing unnatural death of the informant's sister within one year of marriage.

Considering this aspect of the matter that there is direct allegation against the petitioner and since trial of the present case is commenced and out of six witnesses five witnesses have been examined as yet, only one charge-sheet witness is remained for examination , I am not inclined to grant bail to the petitioner and accordingly, the same stands rejected. However, the learned trial court is directed to expedite the trial and conclude the same within two months from the date of this order. (Rajesh Kumar Verma, J) khushbu/- U T