Patna High CourtCR. MISC./12514/2023bail rejected

Ritesh Kumar Giri @ Ritesh Kumar v. The State Of Bihar

2023-07-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12514 of 2023 Arising Out of PS. Case No.-386 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== RITESH KUMAR GIRI @ RITESH KUMAR S/O LAKHINDRA GIRI R/vMinapur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with Minapur P.S. Case no. 386 of 2019 registered under sections 304B and 34 of the Indian Penal Code.

3. The earlier prayer for bail of the petitioner was rejected vide order dated 22.6.2021 passed in Cr. Mic. no. 5375 of 2021.

4. The petitioner is alleged to have tortured and killed the daughter of the informant for non-fulfillment of the demand of dowry.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Inspite of his being in custody for more than three years seven months since

Patna High Court CR. MISC. No.12514 of 2023(5) dt.19-07-2023 2/2 6.11.2019, there is no progress whatsoever in the learned trial Court and there is no chance of the trial concluding in the near future.

6. Heard learned APP for the State.

7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who happens to be husband of the deceased together with the contents of the postmortem report wherein the cause of death is said to be asphyxia as a result of strangulation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Taking into consideration the period in custody, liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Prakash/- U