Patna High CourtCR. MISC./22431/2019rejected

Dharmendra Das @ Dharmendra Kumar v. The State Of Bihar

2019-07-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22431 of 2019 Arising Out of PS. Case No.-308 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== DHARMENDRA DAS @ DHARMENDRA KUMAR Son of Suresh Das, Resident of Village- Bangra Bansidhar, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Adv For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-07-2019 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/34 of the Indian Penal Code.

Perused the report of the learned District and Sessions Judge, Muzaffarpur dated 02.07.2019. Petitioner is husband of the victim of dowry death.

Earlier prayer for bail was refused on 15.05.2018 with liberty to renew the prayer for bail if the trial is not concluded within nine months.

Report of the learned Sessions Judge reveals negligence of the court concerned where supplementary record

Patna High Court CR. MISC. No.22431 of 2019(4) dt.17-07-2019 2/2 was pending and order of this Court containing aforesaid direction was received. Now charges have already been framed. Petitioner did not inform the learned court below about the direction of this Court while refusing prayer for bail to the petitioner. Wife of this petitioner had died within two years of her marriage in her matrimonial house in unnatural circumstances.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection with Sessions Trial No.420 of 2018 arising out of Kurhani P.S.Case No.308 of 2017, G.R.No.1808 of 2017 pending before the court of learned 13th Additional Sessions Judge, Muzaffarpur. Hence, prayer is refused.

Learned Trial Court is directed to conclude the trial as expeditiously as possible especially in view of the report of the learned Trial Judge that trial would be concluded within three months.

(Birendra Kumar, J) Nitesh/- U T