Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45725 of 2016 Arising Out of PS.Case No. -360 Year- 2014 Thana -ALAMGANJ District- PATNA ======================================================

1. Banti Kumar Son of Birendra Sao resident of Mohalla- Jai Hind Gali Main Road, P.S.- Alamganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Alamganj P.S.Case No. 360 of 2014 (S.T.No. 1093 of 2014) registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of learned A.D.J-IV,Patna City. As per prosecution case, it is a case of murder of informant's daughter, namely, Swati Kumari due to nonfulfilment of demand of dowry by the accused persons. Earlier the prayer for bail of the petitioner was rejected vide Annexure 1 to the present application with a direction to the trial court to conclude the trial preferably within a period of nine months from the date of receipt/ production of a

Patna High Court Cr.Misc. No.45725 of 2016 (3) dt.23-11-2016 2/2 copy of this order. This is the second attempt on behalf of the petitioner. A report was called for from the trial court. It has been reported that out of five witnesses, three prosecution witnesses have already been examined and the trial is expected to be concluded within a period of two months.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner and same is rejected.

The trial court is directed to conclude the trial preferably within a period of two months from the date of receipt/ production of a copy of this order.

District Magistrate, Patna and Senior Superintendent of Police, Patna are directed to ensure that remaining witnesses are produced on the date fixed by the trial court so that the trial may be concluded within the stipulated period. Let a copy of this order be communicated to District Magistrate, Patna and Senior Superintendent of Police, Patna, for necessary action.

(Sudhir Singh, J) singh/- U T