Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13110 of 2025 Arising Out of PS. Case No.-461 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== Santosh Kumar S/o- Gopal Prasad Village-Badi Milki, in front of Delhi Hotel,P.S-Rajgir ,District-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Sinha, Advocate Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-05-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.459 of 2021, arising out of Rajgir P.S Case no.461 of 2019 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant who was married to the petitioner, was done to death for non-fulfillment of demand of dowry. As per the postmortem examination report the cause of death was asphyxia due to strangulation.

4. Learned counsel for the petitioner submits that the earlier applications for bail of the petitioner were rejected on several occasions, the last being vide order dated 17.5.2024 passed in Cr. Misc. no.29382 of 2024. It is submitted that in a case of

Patna High Court CR. MISC. No.13110 of 2025(3) dt.02-05-2025 2/2 unfortunate suicide by the wife of the petitioner, inspite of the petitioner having remained in custody since 17.12.2019, the trial has still not concluded. He undertakes to cooperate in the trial.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 4.4.2025 of the District and Additional Sessions Judge-XIII, Nalanda at Biharsharif, the trial is at the stage of argument and is expected to conclude at the earliest.

7. Having heard learned counsel for the parties and taking into consideration the allegation of dowry death against the petitioner, the contents of the postmortem examination report wherein the death is said to be asphyxia due to strangulation and the trial in the learned trial Court being near its conclusion at the stage of argument, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T