Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23918 of 2019 Arising Out of PS. Case No.-318 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== AMRENDRA KUMAR Son of Late Raj Narayan Singh Resident of Village - Shobhi Dumara, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Kishore Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, being the husband, is in custody since 07.10.2018 in connection with Ara Muffasil P.S. Case No. 318/2018 registered for the offence punishable under Sections 498A, 304B/34 of the Indian Penal Code and Section 27 of the Arms and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that there is no cogent material even in the case diary to support the case of the prosecution.

However, learned counsel appearing on behalf of the informant submits that there is ample material against this petitioner under Section 304(B) and the petitioner being the husband is not entitled to the privilege of bail.

Patna High Court CR. MISC. No.23918 of 2019(7) dt.17-10-2019 2/2 Having considered the entire facts and circumstances of the case and that the case diary also indicates sufficient material against the petitioner, I am not inclined to grant bail to this petitioner.

It is, accordingly, rejected.

However, the trial Court must take immediate steps to place the petitioner on trial after passing the necessary orders of commitment within one year from the date of receipt/ production of a copy of this order.

(Anjana Mishra, J) Saif/- U T