Purushottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32949 of 2021 Arising Out of PS. Case No.-129 Year-2019 Thana- RAHUI District- Nalanda ====================================================== Purushottam Kumar, S/o Vinod Paswan, Resident of Village- Bokna, P.S.- Bhagan Bigha, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advcoate.

For the Opposite Party/s :

Mr. Anant Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-09-2021 learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing.

The petitioner is accused in connection with S. Tr. No. 489 of 2019, arising out of Rahui (Bhagan Bigha) P.S. Case No. 129 of 2019, registered under Sections 304(B), 498(A), 341 and 323/34 of the Indian Penal Code.

The acquisition is of killing the deceased, daughter of the informant, by her husband (petitioner) and other in-laws due to nonfulfillment of demand of dowry by pressing her neck within three years of her marriage.

Learned counsel for the petitioner submits that petitioner is the husband of the deceased and his prayer for bail has already been rejected on merit vide order dated 21.01.2020 passed in Criminal Misc. No. 771 of 2020. Further submission is that while the

Patna High Court CR. MISC. No.32949 of 2021(3) dt.08-09-2021 2/2 petitioner is in custody since 30.04.2019, i.e, for about two years four months but the trial of the petitioner has not been concluded as yet. A report regarding the present stage of trial has been received through letter no. 169/2021 dated 12.07.2021 from the court of Additional Sessions Judge-III, Nalanda at Biharsharif, which shows that the charges have already been framed on 01.10.2019 and out of nine charge sheet witnesses, three witnesses have already been examined and six witnesses are yet to be examined. Further submission is that that there is no chance of completion of trial in near future due to Pandemic of Covid-19.

Having regard to the facts and the circumstances of the case and the period of custody, the petitioner above named, are directed to be released 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, Nalanda at Biharsharif, in connection with S. Tr. No. 489 of 2019, arising out of Rahui (Bhagan Bigha) P.S. Case No. 129 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. Bhardwaj/- (Rajendra Kumar Mishra, J) U T