Patna High CourtCR. MISC./41050/2018dismissed

Manoj Pasi v. The State Of Bihar

2018-08-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41050 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Manoj Pasi, S/o Ramashankar Pasi, Resident of Vill- Sultanpur, P.S.- Raghunathpur, District- Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.06.2017 in connection with Sessions Trial No. 520/2017, arising out of Raghunathpur P.S. Case No. 68/2017 for the offence registered under Sections 498(A) and 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner killed the daughter of the informant due to non-fulfilment of demand of dowry. This is second attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 58962 of 2017 dated 08.12.2017 taking into

Patna High Court Cr.Misc. No.41050 of 2018 (3) dt.09-08-2018 2/2 account that the petitioner is the husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased.

A report was called for from the court below regarding the stage of the case. It has been reported that out of 8 witnesses, 5 witnesses have already been examined and within a period of three months the trial is expected to be concluded. Considering the accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 520 of 2017, arising out of Raghunathpur P.S. Case No. 68/2017, pending in the court of learned A.D.J.-VI, Siwan.

U.K./- (Sudhir Singh, J) U T