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Patna High CourtCR. MISC./12164/2022rejected

Roushan Kumar @ Roushan Kumar Jha v. The State Of Bihar

2023-01-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12164 of 2022 Arising Out of PS. Case No.-404 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Roushan Kumar @ Roushan Kumar Jha S/O Ravindra Nath Jha @ Raju Jha R/O Village- Ekma, Ward No.05, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 498(A), 304(B), 34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and he has never demanded any dowry nor

Patna High Court CR. MISC. No.12164 of 2022(3) dt.04-01-2023 2/3 any torture was inflicted upon the deceased. The deceased has burnt due to cooking food and she was taken to the hospital where she died during the course of treatment. The petitioner is languishing in custody since 13.06.2020.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The deceased died within one year of her marriage. The postmortem report also corroborates the prosecution version.

Since petitioner is husband of the deceased and deceased died within one year of her marriage, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months from today. The petitioner is at liberty to renew his

Patna High Court CR. MISC. No.12164 of 2022(3) dt.04-01-2023 3/3 prayer for bail, if the trial is not concluded within six months.

(Sunil Kumar Panwar, J) Shageer/- U T