Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37310 of 2017 Arising Out of PS. Case No.-30 Year-2015 Thana- MAJORGANJ District- Sitamarhi ====================================================== Jitendra Mahto, son of Mahavir Mahto, R/o Village- Hata Tola, Majorganj, P.S. Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Sinha For the Opposite Party/s :

Mr. SMT. RENUKA RATNAKAR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2018 Heard learned counsels for the parties.

The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 304B,302,201 and 498A of the IPC and Sections 3 and 4 of Dowry Prohibition Act.

The accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demands.

It is submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 6.2.2016. The informant resides in Gulf country, hence, there is no likelihood of his being examined shortly, and therefore, the trial is also not likely to be concluded in near future.

The report of FTC - II, Sitamarhi dated 9.1.2018 kept at

Patna High Court Cr.Misc. No.37310 of 2017(3) dt.24-01-2018 2/2 Flag 'A' reflects that except I.O. and the informant, five prosecution witnesses have been examined and the trial is likely to be concluded within a period of three months. Considering the nature of accusation and the present stage of trial, this court is not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, if the trial will not conclude within a period of three months, the petitioner will be at liberty to renew his prayer for bail in connection with S.T. No. 496 of 2016 arising out of Majorgang P.S. Case No. 30 of 2015.

(Dinesh Kumar Singh, J) anil/- U