Patna High CourtCR. MISC./40107/2017dismissed

Bikki Kumar @ Biki Kumar @ Vicky Kumar v. The State Of Bihar

2017-11-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40107 of 2017 Arising Out of PS.Case No. -150 Year- 2015 Thana -DANAPUR District- PATNA ======================================================

1. Bikki Kumar @ Biki Kumar @ Vicky Kumar, S/o Shankar Rai, R/o Village- Gajadhar Chak, Gola Road, P.S.- Danapur, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 304(B)/34 of the Indian Penal Code.

The allegation against the petitioner is of committing murder of the sister of the informant due to non-fulfillment of the demand of dowry.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 35075/2016 dated 19.10.2016, taking into account that the petitioner is husband of the deceased. The onus is on him to explain the cause of death of the deceased. A report was called for from the trial Court regarding the stage of the case. It has been reported that charge has been

Patna High Court Cr.Misc. No.40107 of 2017 (4) dt.22-11-2017 2/2 framed.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Danapur P.S. Case No. 150/2015, pending in the court of learned Additional Sessions Judge-11, Danapur in S. Tr. No.87/2017. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt of production of copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Amit/- U T