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Patna High CourtCR. MISC./43761/2024allowed

Shankar Ram @ Shankar Kumar Ram v. The State Of Bihar

2024-07-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43761 of 2024 Arising Out of PS. Case No.-286 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Shankar Ram @ Shankar Kumar Ram S/O Late Jhamoli Ram @ Kaneli Ram R/O Jagta Khursali, P.S.- Raniganj, Dist- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Raniganj P.S. Case No. 286 of 2022 instituted for the offence u/s 328, 304(B)/34 of the Indian Penal Code.

Earlier the application for regular bail of the petitioner was rejected by order dated 04.10.2023 passed in Cr. Misc. No. 22509 of 2023 with an observation to learned trial court to expedite the trial and conclude the same within six months, failing which,

Patna High Court CR. MISC. No.43761 of 2024(4) dt.19-07-2024 2/3 the petitioner will be at liberty to renew his prayer for bail.

It is a case of dowry death of the informant's sister due to non fulfillment of dowry demand. Petitioner is her husband.

Learned counsel for the petitioner submits that earlier the bail application of the petitioner was rejected with a direction to trial Court to expedite the trial and conclude the same within six months, failing which, the petitioner will be at liberty to renew his prayer for bail. Moreover, petitioner is languishing in judicial custody since 28.12.2021.

From perusal of the trial court report (kept at flag R), it appears that the case is pending for adducing the prosecution evidence. In this case, three witnesses were examined out of 9 charge sheeted witnesses. There is no hope to conclude the trial in near future. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Patna High Court CR. MISC. No.43761 of 2024(4) dt.19-07-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Raniganj P.S. Case No. 286 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge IV, Araria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T