Sandeep Patel @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33925 of 2021 Arising Out of PS. Case No.-308 Year-2018 Thana- ADAPUR District- East Champaran ====================================================== Sandeep Patel @ Sandeep Kumar, son of Sheshnah Patel Resident of Village - Kalwari Majhariya, P.S.- Adapur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ranjana Srivastava For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-09-2021 The petitioner, who is in custody since 20.05.2019, has approached this Court to renew his prayer for bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 23.01.2020 passed in Cr. Misc. No. 65618 of 2019.

The petitioner is husband of the deceased.

It is alleged in the F.I.R that the petitioner along with other family members, has killed the daughter of the informant due to non-fulfillment of

Patna High Court CR. MISC. No.33925 of 2021(3) dt.29-09-2021 2/3 dowry demand. In the postmortem report, the cause of death has been stated to be ligature and death due to strangulation.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has been implicated in this case only because he happens to be the husband of the deceased. Moreover, the petitioner is in custody since 20.05.2019.

It appears that vide order dated 04.08.2021, a report was called for with regard to the present stage of the trial. The report has been received and it has been kept as Flag-A.

The report of the learned Additional District & Sessions Judge, XVI, East Champaran, Motihari reflects that some of the witnesses are left to be examined. Considering the fact that petitioner is husband of the deceased and the deceased died within one and half years of her marriage and cause of death is strangulation, this Court is not inclined to grant bail to

Patna High Court CR. MISC. No.33925 of 2021(3) dt.29-09-2021 3/3 the petitioner, for the present. Accordingly, the prayer for bail of the petitioner is rejected.

However, the Trial Court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order. (S. Kumar, J) Shageer/- U T