Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36277 of 2020 Arising Out of PS. Case No.-222 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== Manish Kumar (Male) aged about 22 years, son of Surendra Rai, Resident of Mohalla- Shivpuri, Professor Colony, P.S.- Shastri Nagar, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Shastri Nagar P.S. Case No. 222 of 2020for the offence under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased who died due to strangulation. Learned counsel submits that it is a case of suicide and the petitioner has no role to play in the crime. The allegation of demand of dowry against the petitioner is patently false. Petitioner is in custody since 08/05.2020. Considering the fact that the police has submitted charge sheet against the petitioner under Section 304(B) of the Indian Penal Code, the Court is not inclined to grant bail to him.

Patna High Court CR. MISC. No.36277 of 2020(2) dt.29-01-2021 2/2 Prayer for bail is rejected.

However, the court below is directed to expedite the trial and conclude the same on day-to-day basis within a period of nine months from the date of receipt/production of a copy of the order.

Senior Superintendent of Police, Patna is directed to ensure production of all the prosecution witnesses for their examination in the court below so that the trial may be concluded within the time stipulated hereinabove. In the event the trial is not concluded within the time stipulated hereinabove, the court below shall release the petitioner on bail on appropriate terms and conditions and submit failure report for not following the observation made hereinabove before Registrar (Vigilance) of this Court. The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T