Binod Thakur @ Binod Kumar @ Binod Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15397 of 2023 Arising Out of PS. Case No.-77 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== Binod Thakur @ Binod Kumar @ Binod Kumar Thakur S/O Raghu Thakur R/v- Madhubani, P.S.- Balua Bazar, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2023 Heard the parties.
This application is for grant of bail to the petitioner who is in custody since 15.07.2021 in connection with Balua Bazar P.S. Case No. 77 of 2020 for offences under Sections 304(B) and 34 of the I.P.C. pending before the Court of learned Additional District and Sessions Judge-1st, Supaul. The prosecution story, in brief, is that one Laxman Thakur gave his written statement before the office-in-charge of Lalitagram O.P. stating therein that about one year before her daughter's marriage was solemnized with Binod Thakur (the petitioner herein). On 10.10.2020, he got an information that his daughter has died. It is further stated that Binod Thakur (the petitioner) alongwith other co-accuseds namely Raghu Thakur, Reeta Devi, Santosh Thakur, Ashok Thakur, Manoj Thakur,
Patna High Court CR. MISC. No.15397 of 2023(3) dt.05-04-2023 2/2 Sanoj Thakur, Pappu Thakur and Bidyanand Thakur killed his daughter due to non-fulfilment of demand of dowry. Earlier the matter was heard and rejected on 13.04.2022 in Cr. Misc. No. 59224 of 2021. In this renewed petition, a report was called for on 15.03.2023 from the Court of learned Additional District and Sessions Judge -1st, Supaul, which has since been received by Office Letter No. 64 of 2023 dated 28.03.2023.
From the perusal of the same, it appears that out of eight prosecution witnesses, one witness has been examined and the trial is on.
Considering the kind of allegation that has come against the petitioner and further the trial is on, no fresh look is required to be given in the matter and the bail petition accordingly stands rejected.
However, considering the period of custody (15.07.2021), the Trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months. (Rajiv Roy, J) Ravi/-Kiran U T