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Patna High CourtCR. MISC./36681/2024rejected

Rupesh Kamti v. The State Of Bihar

2024-09-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36681 of 2024 Arising Out of PS. Case No.-42 Year-2022 Thana- BISHUNPUR District- Darbhanga ====================================================== Rupesh Kamti son of Kameshwar Kamti, R/o Mohalla/vill- Rampur Dih, PsBishanpur, Dist- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Kedar Jha, the learned counsel for the petitioner and Ms. Suman Kumari Singh, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 25.08.2022, in connection with Bishanpur P.S. Case No. 42 of 2022, FIR dated 27.03.2022, registered for the offence punishable under Section 304(B) read with 34 of the Indian Penal Code.

3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 10868 of 2023, which was rejected vide order dated 20.07.2023.

4.

According to the prosecution case, the sister of informant was subjected to regular torture and abuse by her inlaws over non-fulfillment of dowry demand. It is further alleged that the sister of informant was burnt alive after pouring

Patna High Court CR. MISC. No.36681 of 2024(4) dt.20-09-2024 2/2 kerosene, while she was sleeping and she later died during treatment.

5.

Vide order dated 21.06.2024, a report was called for with regard to the stage of the trial and report dated 11.07.2024 of the learned trial Court reveals that trial is going on and out of nine chargesheeted witnesses, three witnesses have been examined.

6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

7.

Considering the aforesaid facts and circumstances, the nature of allegation levelled in the FIR and the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Bishanpur P.S. Case No. 42 of 2022, pending in the Court of learned 5th Additional Sessions Judge, Judicial Darbhanga.

8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T