Tuntun Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8518 of 2023 Arising Out of PS. Case No.-451 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== Tuntun Sahni Son Of Shyamlal Sahni R/O Village- Kudhni Tola, P.S.- Kudhni, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar @ S.K., Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sessions Trial No. 827 of 2022 arising out from Kudhni P.S. Case No. 451 of 2021 lodged under Sections 304(B)/ 201/ 34 of the I.P.C.
As per the prosecution case, the allegation of dowry death is there against the petitioner who is husband. Learned counsel for the petitioner submits that petitioner is in custody since 03.05.2022. He submits that till date, recovery of dead body has not been made. Counsel further submits that the antecedent of the
Patna High Court CR. MISC. No.8518 of 2023(2) dt.03-05-2023 2/2 petitioner is clean and trial has already been commenced. Learned counsel for the State opposes the prayer for bail and submits that there is a specific allegation against the petitioner for killing of his wife and removing her body. The dead body has still not recovered. In this circumstance, bail may not be granted to the petitioner.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, this bail petition is hereby rejected. The Trial Court is directed to expedite the trial as early as possible.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) sadique/- U T