Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26309 of 2020 Arising Out of PS. Case No.-425 Year-2018 Thana- MANER District- Patna ====================================================== AJIT KUMAR S/o Yogendra Rai @ Neta Jee Resident of Sherpur, Pokhra (Brahmachari), P.S.-Maner, District-Patna.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Yogesh Chandra Verma, Senior Advocate.

Mr. Manoranjan Kumar, Advocate.

For the State :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-04-2021 In view of the submission and undertaking of the learned Senior counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 03.10.2020, within four weeks of starting of the Court proceeding in physical mode in normal course, he is permitted to remove the same accordingly.

Heard learned Senior counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Sessions Trial No.231 of 2019, arising out of Maner P.S. Case No.425 of 2018, registered under Sections 498A, 304B and 201/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.26309 of 2020(4) dt.07-04-2021 2/3 The accusation is of killing the deceased, the daughter of the informant, by her husband (petitioner) and other in-laws due to non-fulfillment of the demand of dowry within two years of her marriage and to dispose of her dead body. Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased, the daughter of the informant. Earlier, the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 04.12.2019 passed in Criminal Misc. No.56691 of 2019. While the petitioner is in custody since 24.08.2018, i.e., for more than two and half years, but the trial of the petitioner has not been concluded as yet and there is no chance of conclusion of the trial of the petitioner in near future due to Pandemic COVID-19.

The report, as called for vide order dated 03.02.2021 passed by this Court regarding the stage of the case, has been received from the court of the Additional Sessions Judge-VII, Danapur, Patna, vide letter No.86 dated 26.02.2021, from which it appears that out of the total 8 witnesses, five witnesses have been examined and three witnesses are yet to be examined. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released

Patna High Court CR. MISC. No.26309 of 2020(4) dt.07-04-2021 3/3 on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Danapur, Patna, in connection with Sessions Trial No.231 of 2019, arising out of Maner P.S. Case No.425 of 2018.

(Rajendra Kumar Mishra, J) P.S./- U T