Chakravarti Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21449 of 2025 Arising Out of PS. Case No.-115 Year-2023 Thana- BARAHAT District- Banka ====================================================== Chakravarti Rai S/o Rarni Rai @ Tarni Rai Resident of vill- Mohanpur, P.SBarahat, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner with a prayer for bail. The petitioner has earlier moved before this Court with a prayer for bail which was rejected vide order dated 02.08.2024 passed in Cr. Misc. No. 22529 of 2024.

3. The petitioner seeks bail in connection with S. Tr. No. 262 of 2024 arising out of Barahat P.S. Case No. 115 of 2023 instituted for the offences under Sections 304(B), 302, 34 of the I.P.C.

4. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting, torturing and ultimately committing murder of the Informant's

Patna High Court CR. MISC. No.21449 of 2025(2) dt.04-04-2025 2/3 daughter due to non-fulfillment of dowry demand.

5. The petitioner, who is a husband of the deceased, has renewed his prayer for grant of regular bail which was rejected by this Court on merit vide order dated 02.08.2024 passed in Cr. Misc. No. 22529 of 2024, observing that if the trial is not concluded within a period of six months from the date of the order, the petitioner will be at liberty to renew his prayer for bail before the court below.

6. Learned counsel for the petitioner submits that the petitioner is under custody since 18.12.2023 and there is no likelihood of the trial to be concluded in near future. He further submits that the co-accused has already been granted bail by this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 77732 of 2023.

7. This Court on perusal of the impugned order dated 01.03.2025, finds that there are total eight witnesses and out of which, the prosecution has examined two witnesses till date and undertakes to adduce rest all witnesses within two months.

8. Thus, this Court finds that the trial is already in progress and there is no new circumstance except the period of custody undergone by the petitioner.

9. Accordingly, the prayer for bail of the petitioner is

Patna High Court CR. MISC. No.21449 of 2025(2) dt.04-04-2025 3/3 again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of two months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period of two months, the petitioner will be at liberty to renew his prayer for bail before the learned court below which will be decided on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) rishi/- U T