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Patna High CourtCR. MISC./33754/2016rejected

Navintam Kumar @ Navnit Kumar @ Sonu @ Sonu Kumar @ Navin Kumar v. The State Of Bihar

2016-10-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33754 of 2016 Arising Out of PS.Case No. -575 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Navintam Kumar @ Navnit Kumar @ Sonu @ Sonu Kumar @ Navin Kumar, Son of late Shankar Mahto.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Upendra Kumar For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased. The deceased died within three years of her marriage in other than normal circumstances. There is allegation of illegal demand and torturing against the petitioner and it appears from perusal of the written report that prior to her death deceased had lodged a criminal case against the petitioner as well as others. No doubt, petitioner is in jail custody since 26.10.2015 but from perusal of

Patna High Court Cr.Misc. No.33754 of 2016 (3) dt.20-10-2016 2/2 impugned order it would appear that case of the petitioner has already been committed to the court of sessions and the charge has also been framed.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and hence, his prayer for bail in connection with Sessions Trial No. 99 of 2016 arising out of Hilsa P.S. Case No. 575 of 2015 pending in the court of learned Additional Sessions Judge-II, Hilsa, Nalanda stands rejected.

However, if the trial of the petitioner is not concluded within six months from the date of receipt/production of copy of this order before the trial court, the petitioner may renew his prayer for bail before the trial court itself. (Hemant Kumar Srivastava, J) SHAHZAD/- U T