Sumit Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22842 of 2019 Arising Out of PS. Case No.-86 Year-2016 Thana- PIPRAKOTHI District- East Champaran ====================================================== SUMIT PURI S/o Brijmohan Puri R/o village- Kasanpur Jivdhara, P.O.- Jivdhara, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Superintendent of Police, Central Bureau of Investigation, C.B.I. Office Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Anish Chandra For the CBI : Mr. Bipin Kumar Sinha, ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2019 Heard the learned counsel for the petitioner and the C.B.I.

The petitioner seeks bail in Piprakothi P.S. Case No. 86/2016, instituted for the offence under Section 498A, 304B and 120B of the Indian Penal Code read with Section 3⁄4 of the D.P. Act.

Earlier prayer for bail of petitioner was thrice rejected by a Co-ordinate Bench of this Court. By the subsequent order dated 27.11.2018 passed by this Court in Cr. Misc. No. 63832/2018, petitioner was directed to approach the court of CBI.

In pursuance of order dated 27.11.2018 passed in Cr.

Patna High Court CR. MISC. No.22842 of 2019(7) dt.26-06-2019 2/3 Misc. No. 63832/2018, petitioner moved before the court of CBI. By order dated 09.01.2019, learned I/c Spl. Judge CBI, Muzaffarpur has stated that no case is pending against this petitioner in the Special Court, CBI.

Learned counsel for the petitioner has submitted that closure-report has been filed by the CBI in the court below. Learned counsel for the CBI does not contradict such submission of the petitioner.

Learned counsel for the petitioner has submitted that trial is proceeding in the court of learned A.D.J. IIIrd, Motihari. Three witnesses have already been examined.

It is alleged in the written report that sister of informant was married with petitioner on 10.06.2015. After marriage she was tortured in her Sasural for non-fulfillment of demand of dowry. It is alleged that she was done to death in her Sasural by burn injury. It is further alleged that sister of informant gave statement in Safdarganj Hospital, Delhi that due to non-fulfillment of demand of land, she has been burnt. Report from the court below regarding present stage of trial has been received, wherein trial court has mentioned that till date three witnesses have been examined. It is mentioned in the report that four months' time is

Patna High Court CR. MISC. No.22842 of 2019(7) dt.26-06-2019 3/3 likely to be taken in concluding trial.

From the report of the court below it appears that trial has sufficiently progressed.

In view of such, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible preferably within six months from the date of receipt/production of copy of this order and proceed in trial either on day to day basis or by giving short adjournment.

The District & Sessions Judge, Motihari, East Champaran shall monitor the trial himself.

Petitioner will be at liberty to renew prayer for bail in the event trial is not concluded within aforesaid period. Let the case diary be sent to the CBI, Muzaffarpur. (Sanjay Priya, J) rakhi/- U T