Raja Sah @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42595 of 2021 Arising Out of PS. Case No.-220 Year-2017 Thana- KANTI District- Muzaffarpur ====================================================== Raja Sah @ Raja Kumar Son of Sri Mohan Sah Resident of Village- Sadatpur, P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2021 Heard the learned counsel for the petitioner and Sri Shyam Kr. Singh, the learned APP appearing for the State. The present petition is by way of fourth attempt at the behest of the petitioner for grant of regular bail in connection with Kanti PS case no. 220 of 2017 under Section 304B/34 of Indian Penal Code, inasmuch as on the earlier three occasions, this Court has been pleased to dismiss the prayer of the petitioner for grant of bail.
The petitioner who is the husband of the deceased victim lady, has been alleged to have killed his wife on account of non-fulfilment of the demand for dowry.
The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 16.02.2018 and the trial is yet to be completed.
Patna High Court CR. MISC. No.42595 of 2021(4) dt.03-11-2021 2/2 Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted that the report sent by the learned court of 3rd Additional District & Sessions Judge, Muzaffarpur dated 30.10.2021 would show that 50 % of the witnesses have already been examined and the learned Judge has estimated that 06 months time is likely to be consumed in completion of the trial.
Having regard to the facts and circumstances of the case and considering the fact that there is no change in circumstance and the petitioner is alleged to have engaged in a heinous crime, I do not find any merit in the present petition, hence the same stands rejected. However, the learned trial court is directed to expedite the trial.
(Mohit Kumar Shah, J) rinkee/- U T