Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28581 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== RAHUL KUMAR Son of Banarasi Sah Resident of Village - Jaisinghpur Madhopur, P.S.- Turkauliya, District - East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar,Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Turkauliya P.S. Case No. 345 of 2019 registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per allegation the informant performed the marriage of her daughter with the petitioner in the year 2018. It is alleged that the petitioner along with other in-laws were involved in committing torture upon the daughter of the informant due to nonfulfillment of demand of dowry. On 03.06.2019 she got information that accused persons including this petitioner killed her daughter by tying rope around her neck. Thereafter she

Patna High Court CR. MISC. No.28581 of 2020(5) dt.18-01-2021 2/3 along with villagers reached at daughter's matrimonial home and found the dead body lying there and she did not find any members of in-laws there.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that in the post mortem report no external injury was found on the person of the deceased. The petitioner has no criminal antecedent and is in custody since 06.03.2020 Having regard to the facts and circumstances of the case, wherein the marriage is of the year 2018 and this petitioner is the husband against whom in the case diary independent witnesses have alleged that he was involved in committing torture upon his wife (deceased), this Court is not inclined to grant privilege of regular bail to the petitioner at this stage. Let the trial be expedited.

Prosecution shall produce the witnesses on the date fixed in course of trial and the learned trial below shall proceed with the trial without granting unnecessary adjournment in the matter and all endeavours be made to conclude the trial within a period of nine months from today. In case the trial is not concluded during this period for no reason attributable to the

Patna High Court CR. MISC. No.28581 of 2020(5) dt.18-01-2021 3/3 petitioner, he may renew his prayer for bail. Case diary has been returned. Let it be kept with concerned records (Cri. Misc. No. 29199 of 2020). (Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.