Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30081 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== Sanjay Prasad Son of Ram Narayan Prasad @ Ram Narayan Mahto Resident of Village- Lavhatta, P.S.- Warishnagar, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar No1, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is husband of the deceased and the allegation as alleged in the F.I.R. is false and fabricated and no case is made out under Section 304B of the Indian Penal Code. He further submits
Patna High Court CR. MISC. No.30081 of 2021(8) dt.29-03-2023 2/2 that the informant is not an eye witness of the alleged occurrence.
Vide order dated 14.02.2023, a report was called for with regard to the stage of the trial. Report dated 25.02.2023 of the learned Trial court reveals that the prosecution evidence was closed on 23.02.2023 itself.
In view of the report of the learned Trial court, I am not inclined to enlarge the petitioner on bail in connection with Warisnagar P.S. Case No. 179 of 2020 pending in the Court of learned Chief Judicial Magistrate, Samastipur. Prayer is refused.
However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T