Balwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35180 of 2024 Arising Out of PS. Case No.-529 Year-2022 Thana- BARH District- Patna ====================================================== Balwant Kumar Son of Ranjeet Yadav @ Ranjeet Kumar Singh R/o Village - Dhakwaha Chak, P.S.- Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code, which was earlier rejected by this Court vide order dated 11.7.2023 passed in Cr. Misc. No. 13727 of 2023 with a direction to trial court to expedite and conclude the trial.

3. In compliance of order dated 16.5.2024, a progress report dated 12.6.2024 sent by Addl. Distt. & Sessions Judge-I, Barh has been received which suggests that trial is likely to be concluded in eight months.

4. Learned counsel for the petitioner submits that petitioner is husband of the deceased. He has got no criminal

Patna High Court CR. MISC. No.35180 of 2024(3) dt.02-07-2024 2/3 antecedent. He has been falsely implicated in this case. It is mentioned in impugned order that deceased died due to assault by sharp cutting weapon but inquest report as well as postmortem report is not in consonance with the prosecution story and bruise and lacerated wounds were found on her body which she had received after falling from the stair.

5. There is no hope to conclude the trial in near future. He further submits that petitioner is languishing in judicial custody since 15.8.2022.

6. By way of filing supplementary affidavit, it has been brought on record that petitioner is suffering from mental ailment prior to his marriage with the deceased and medical papers are annexed with this petition as Annexure-5 series.

7. The application for bail is opposed by learned APP for the State.

8. Having heard learned counsel for the parties and considering the mental ailment of the petitioner as well as period of his custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Barh in

Patna High Court CR. MISC. No.35180 of 2024(3) dt.02-07-2024 3/3 connection with Barh P.S. Case No. 529 of 2022.

9. Petitioner is directed to appear before the court below for framing of charge and trial court is directed to conclude the trial speedily.

(Sunil Kumar Panwar, J) sushma/- U