Govindra Kumar Sah @ Govind Sah @ Govinder Sah @ Govinda Kumar Sah @ Govindar Kumar@ Govind Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22959 of 2025 Arising Out of PS. Case No.-187 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Govindra Kumar Sah @ Govind Sah @ Govinder Sah @ Govinda Kumar Sah @ Govindar Kumar@ Govind Sah Son of Osihar Sah Resdent of villMadhopur (Madhopur Ahir tola) PS- G.B. Nagar Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S. T. No. 114 of 2024 arising out of GB Nagar P.S. Case No. 187 of 2023 instituted for the offence under Sections 304(B), 302 & 34 of the Indian Penal Code and Sections 3/4 of the D.P. Act. Earlier vide order dated 06-09-2024, passed in Cr. Misc. No. 45151 of 2024, regular bail of the petitioner was rejected by a Co-ordinate Bench of this Court.

3.

As per the prosecution case, the petitioner along with other co-accused persons are said to have killed the daughter of the informant due to non-fulfillment of dowry

Patna High Court CR. MISC. No.22959 of 2025(2) dt.24-04-2025 2/3 demand.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-05-2023. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

Learned counsel for the petitioner submits that the present one is the second attempt for grant of regular bail to the petitioner. It is mainly submitted that charge in this case is framed on 18-04-2024 and till date, no witnesses have been examined. Learned counsel further submits that there is no likelihood of the trial being concluded in the near future. Learned counsel goes on to submit that the continued incarceration of the petitioner without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which is reiterated by Hon'ble Apex Court in plethora of judgments. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that continued detention of the petitioner would serve no purpose other than punitive pretrial incarceration,

Patna High Court CR. MISC. No.22959 of 2025(2) dt.24-04-2025 3/3 which is antithetical to the spirit of Article 21 of the Constitution of India, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. T. No. 114 of 2024 arising out of GB Nagar P.S. Case No. 187 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T