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Patna High CourtCR. MISC./30900/2023rejected

Tinku Thakur @ Tinku Kumar Thakur v. The State Of Bihar

2023-09-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30900 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- BARAHAT District- Banka ====================================================== Tinku Thakur @ Tinku Kumar Thakur Son Of Late Yogendra Thakur R/O Village- Hijariya, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 25.02.2022, in connection with Sessions Trial No. 236 of 2022 arising out of Barahat P.S. Case No. 47 of 2022, F.I.R. dated 24.02.2022 registered for the offences punishable under Sections 304(B), 302/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he has committed the murder of the deceased by sprinkling the kerosene oil on the pretext of demanding dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.30900 of 2023(4) dt.19-09-2023 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the petitioner has been falsely implicated only on the ground that the petitioner is husband of the deceased and in fact the deceased has committed suicide herself.

5. Vide order dated 08.08.2023 a report was called for with regard to the stage of the trial. Report dated 14.08.2023 of the learned Trial Court reveals that out of eight chargesheeted witness, six witnesses have already been examined and the case is pending for the examination of rest two prosecution witnesses i.e. Doctor and I.O.

6. Considering the aforesaid facts and circumstances of the case and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 236 of 2022 arising out of Barahat P.S. Case No. 47 of 2022 pending in the Court of learned Additional District & Sessions Judge-IV, Banka.

7. Prayer is refused.

8. However, learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Ibrar//-

Patna High Court CR. MISC. No.30900 of 2023(4) dt.19-09-2023 3/3 U T