Roshan Kumar Singh @ Raushan Kumar Singh @ Rawsan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30568 of 2023 Arising Out of PS. Case No.-111 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== ROSHAN KUMAR SINGH @ RAUSHAN KUMAR SINGH @ RAWSAN KUMAR SINGH SON OF LATE PARAS SINGH RESIDENT OF VILLAGE- REWTITH GARDHA, PS- BAIKUNTHPUR, DISTTGOPALGANJ, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in connection with Baikunthpur P.S. Case no.111 of 2020 registered under sections 304B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The earlier application for bail of the petitioner was rejected vide order dated 17.11.2021 passed in Cr. Misc. no. 56564 of 2021 and order dated 4.1.2021 passed in Cr. Misc. no. 29946 of 2020.

The petitioner happens to be the husband of the deceased.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only

Patna High Court CR. MISC. No.30568 of 2023(3) dt.28-06-2023 2/3 on account of his being the husband of the deceased. He is in custody since 14.5.2020 and undertakes to cooperate in the trial. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner is husband of the deceased. The cause of death of the daughter of the informant is as a result of several injuries caused by hard and blunt object. The trial has proceeded in the learned trial Court and only two official witnesses remain to be examined. The witnesses already examined have supported the prosecution case.

A report was called for from the learned trial Court. As per the report received contained in letter dated 15.5.2023 from the Additional District and Sessions Judge, Gopalganj, 7 witnesses have been examined on behalf of the prosecution and only the Investigating Officer and the doctor remain to be examined.

Having heard learned counsel for the parties and taking into consideration the petitioner being the husband of the deceased, the nature of allegation against him and the progress in the trial in the learned trial Court wherein only two witnesses remain to be examined, the Court is not inclined to enlarge the

Patna High Court CR. MISC. No.30568 of 2023(3) dt.28-06-2023 3/3 petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial and to conclude the same preferably within a period of six months from the date of receipt/communication of a copy of this order.

In case the remaining official witnesses have already not been examined or do not appear on the next date fixed, the Superintendent of Police, Gopalganj shall ensure their appearance on the next date fixed in the trial Court. Let a copy of this order be communicated to the Superintendent of Police, Gopalganj.

(Partha Sarthy, J) Bibhash U