Patna High CourtCR. MISC./29382/2024bail rejected

Santosh Kumar v. The State Of Bihar

2024-05-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29382 of 2024 Arising Out of PS. Case No.-461 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== SANTOSH KUMAR, S/O GOPAL PRASAD, R/O VILLAGE- MILKI, P.SRAJGIR, DISTRICT- NALANDA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.459 of 2021, arising out Rajgir P.S. Case no. 461 of 2019 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant who was married to the petitioner, was done to death for non-fulfillment of demand of dowry. It subsequently transpired from the postmortem examination that the cause of death was asphyxia due to strangulation.

4. It is submitted by learned counsel for the petitioner that the earlier applications for bail of the petitioner were rejected vide orders dated 8.12.2021 passed in Cr. Misc. no. 21719 of 2021, dated 9.11.2022 passed in Cr. Misc. no.52379 of

Patna High Court CR. MISC. No.29382 of 2024(4) dt.17-05-2024 2/2 2022 and dated 2.8.2023 passed in Cr. Misc. no.34852 of 2023. Inspite of the petitioner being in custody since 17.12.2019, the trial has still not concluded. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. As per the report received, all prosecution witnesses and two witnesses on behalf of the defence have been examined.

7. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R together with the progress in the trial in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to conclude the trial within a period of four months.

(Partha Sarthy, J) avinash/- U T