Patna High CourtCR. MISC./7156/2019dismissed

Satish Kumar v. The State Of Bihar

2019-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7156 of 2019 Arising Out of PS. Case No.-4 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Satish Kumar S/o Subodh Kumar Resident of Machutoli Chowk, beside of Dazy Sweet Paras Vastralay Kadamkuan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304(B)/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner happens to be husband of the deceased and the onus is on him to explain the cause of death. The petitioner is in custody since 2.1.2018.

A report was called for from the Trial Court. It has been reported that the charge has been framed and the trial is

Patna High Court CR. MISC. No.7156 of 2019(3) dt.08-04-2019 2/2 likely to be concluded within a period of 10 months. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of nine months preferably on day to day basis from the date of receipt/production of a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.

(Sudhir Singh, J) Pankaj/- U T