Akash Kumar @ Akash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22329 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- DIGHA District- Patna ====================================================== Akash Kumar @ Akash Son of Umesh Rai, resident of Village- Gandhi Gali Ramjee Chak, P.S.- Digha, District- Patna.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manoranjan Kumar, Advocate For the Opposite Party :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

2.

The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Digha P.S. Case No.17 of 2019 registered under Sections 498-A, 307/34 of the Indian Penal Code.

3.

Considering that within six months of marriage, the wife of the petitioner died due to burn injury in her matrimonial home and there is allegation in the first information report that soon before death, she was being subjected to cruelty for non-fulfillment of demand of dowry, I

2/3 am not inclined to grant him bail. The application is rejected. 4.

Since the investigation is complete and the charge sheet has been submitted, the SDJM, Patna is directed to commit the case to the court of session for trial after complying with the requirements of Section 207 of the Code of Criminal Procedure without any delay. Once the case is committed to the court of session, the learned Session Judge, Patna shall be required to ensure that charges are framed at the earliest and the trial of the petitioner is completed without any delay. 5.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Senior Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Senior Secretary, which shall be treated to be an authentic copy of the order passed by this

3/3 Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Senior Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.

kanchan/- (Ashwani Kumar Singh, J) U T