Law Kush Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30562 of 2016 Arising Out of PS.Case No. -137 Year- 2014 Thana -GARKHA District- SARAN ====================================================== Law Kush Manjhi son of Lalan Manjhi, Resident of Village Mahammada, Police Station- Garkha, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwendra Kumar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in connection with Garkha P.S. case No.137 of 2014 corresponding to S.T. No.149 of 2015 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code, pending in the court of learned Additional District Judge VIII, Saran at Chapra.

The allegation is that the accused persons including the petitioner have killed the sister of the informant due to nonfulfilment of dowry. A report was called for from the Trial Court regarding the stage of trial, which is at Flag 'A' and viscera report was called for, the same is at Flag 'B'. From the report submitted by the Trial Court, it is evident that only the doctor and the Investigating Officer are to be examined as prosecution witness in the present case.

Patna High Court Cr.Misc. No.30562 of 2016 (5) dt.28-09-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.3.2015. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case.

On behalf of the State, it is submitted that the petitioner is the husband of the deceased.

Considering the aforesaid facts and circumstances and the stage of the trial, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of four months from the date of receipt/production of a copy of this order. The District Magistrate, Saran at Chapra and the Superintendent of Police, Saran at Chapra are also directed to ensure the production of the remaining prosecution witnesses in the court on the date fixed by the Trial Court, so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Saran at Chapra and the Superintendent of Police, Saran at Chapra.

(Sudhir Singh, J) Narendra/- U T