Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23485 of 2023 Arising Out of PS. Case No.-198 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Gaurav Kumar Son Of Late Narayan Prasad Yadav Resident Of Village - Kathalwari, P.S. - LNMU, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner, and the learned APP for the State.

Petitioner seeks bail in LNMU P. S. Case No. 198 of 2019 registered under Sections 304B/34 of the Indian Penal Code.

The informant has alleged that his daughter as well as son-in-law have been killed. The petitioner happens to be brother of his son-in-law.

The learned counsel for the petitioner submits that having regard to the custody of the petitioner since 06.12.2019, the petitioner's prayer for bail should be considered favourably. The Court has considered the prayer earlier on the basis of the material emerging in the investigation, wherein, a note-book was recovered from the victim's cabinet containing inscription regarding the narration of torture meted out to her by

Patna High Court CR. MISC. No.23485 of 2023(4) dt.12-07-2023 2/2 the petitioner along with mother-in-law. It also contains hand inscribed notes of the victim that she was being threatened with life, continuously by the petitioner ever since she has come to the matrimonial home.

The Court, having considered the matter on merits, is not inclined to take a different view. The trial court was, in the circumstances, directed to furnish a report regarding the stage of trial, pursuant to which, report dated 22.05.2023 was sent by the learned trial Court (Additional District & Sessions Judge-XI, Darbhanga). Report was to the effect that one witness has been examined out of five. Four witnesses remained to be examined. In view of the fact that the trial has already commenced in May 2023, this Court today is not inclined to consider the prayer for bail. The same is rejected. It is expected that the trial court will proceed in the matter expeditiously without any undue delay or unnecessary adjournments.

(Madhuresh Prasad, J) shyambihari/- U T