Bikram Prasad Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37694 of 2022 Arising Out of PS. Case No.-704 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Bikram Prasad Keshri Son Of Haribansh Prasad Keshri Resident Of VillageRani Sakarpura, P.S.- Khagaria (Gangaur), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shive Kumar, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 185 of 2021 arising out of Khagaria (Gangaur) P.S. Case No. 704 of 2020 lodged under Sections 304(B) and 34 of the I.P.C.

As per the prosecution case, the marriage of informant's daughter was solemnized with the petitioner on 31.05.2019. After few months of the marriage, the demand of dowry was started and due to non-fulfillment, it was alleged that on 18.09.2020 the accused persons after pouring kerosene oil set fire on the daughter of the informant.

Patna High Court CR. MISC. No.37694 of 2022(3) dt.22-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that there were seven named accused persons and all are family members. He further submits that the antecedent of the petitioner is clean and he is in custody since 05.02.2021, charge sheet has already been filed in this case. Learned counsel has puts emphasis on two points, first is the inquest report, according to him, the case is not of burning by the informant but it is an accident by which the suicide took place. Upon taken step of suicide, the informant immediately arranged vehicle and went to the hospital but when she died the informant himself went on the said vehicle, reached the police which transpires from the inquest report that the said inquest was not made at the house of the informant.

Learned counsel for the petitioner further submits that he himself informed about this event to the family of the deceased also.

Learned counsel for the State vehemently opposes the prayer for bail and submits that it is a case of dowry death and petitioner is husband. Counsel submits that charge has already been framed in this case.

In the present facts and circumstances of this case and

Patna High Court CR. MISC. No.37694 of 2022(3) dt.22-11-2022 3/3 the submissions made above, I am not inclined to grant bail to the petitioner and trial court is directed to expedite the trial within nine months.

However, petitioner is at liberty to move before the Trial Court for bail, in case trial has not concluded within the said period and the Trial Court shall release him on bail, thereafter, imposing conditions so that he may not evade his appearance during trial if left.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T