Subhash Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37786 of 2020 Arising Out of PS. Case No.-108 Year-2016 Thana- BALRAMPUR District- Katihar ====================================================== SUBHASH ROY Son of Late Mannu Roy Resident of Village- Sahpur, P.S.- Balrampur in the district of Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition is by way of fourth attempt at the behest of the petitioner for grant of bail in connection with S. Tr. No. 08 of 2017 arising out of Balrampur P.S. Case No. 108 of 2016 for the offence registered under Sections 302, 120(B) and 34 of the Indian Penal Code inasmuch his earlier bail petition for grant of regular bail has been rejected by this Court vide order dated 17.05.2018 passed in Criminal Misc No. 21133 of 2018, order dated 13.03.2019 passed in Criminal Misc. 3387 of 2019 and order dated 05.02.2020 passed in Criminal Misc. No. 82414 of 2019.

The allegation is regarding the petitioner, who is the husband of the deceased victim lady, and other accused persons having killed the deceased victim lady on account of nonfulfilment of the demand for dowry. A bare perusal of the order

Patna High Court CR. MISC. No.37786 of 2020(2) dt.12-01-2021 2/2 dated 01.06.2017 passed by the learned Sessions Judge,Katihar in the case of the petitioner herein while considering the prayer for grant of regular bail, would show that the post-mortem report depicts that there were injuries over the head and neck of the deceased victim lady caused by sharp cutting weapon and there is specific allegation of murder against the petitioner as also the victim deceased lady died in the house of the petitioner. It is also apparent that the trial is in advanced stage. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 04.10.2016 and till date the trial has not been concluded. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having considered the gravity of the offence alleged to have been committed by the petitioner herein as also the fact that there is no change in circumstance and the trial is in an advanced stage, I do not find any reason to entertain the present petition of the petitioner for grant of regular bail, hence the same stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T