Patna High CourtCR. MISC./48173/2024dismissed

Nikhil Kumar v. The State Of Bihar

2024-08-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48173 of 2024 Arising Out of PS. Case No.-293 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Nikhil Kumar Son of Ram Swarath Singh @ Batoran Singh Resident of Village- Bihat Tola, Ibrahimpur, P.S.- Barauni, District- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Apurv Harsh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail as earlier, the bail application of the petitioner was rejected vide order dated 2.8.2023 passed in Cr. Misc. No. 22415 of 2023 which reads as under:- "Heard learned counsel for the parties.

2. This application for grant of regular bail arises out of Barauni P.S. Case No.293 of 2022 registered for the offence punishable under Section 498-A, 304-B and 302/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

3. As per the F.I.R. the accused persons have killed the deceased for demand of dowry.

4. The petitioner is the husband of the deceased. The marriage of the deceased was solemnized with the petitioner on 13.12.2021 and she died on 25.06.2022. The petitioner is in custody since 18.08.2022.

5. In view of the aforesaid, I am not inclined to grant the petitioner privilege of regular bail. Accordingly, this application is rejected. "

Patna High Court CR. MISC. No.48173 of 2024(2) dt.02-08-2024 2/2

3. It has been submitted by the learned counsel for the petitioner that the trial is delayed and the petitioner is in jail since 18.8.2022 and therefore, he may be granted bail.

4. Learned APP for the petitioner has vehemently opposed the application of the petitioner for grant of bail by contending that out of nine charge-sheeted witnesses, five have been examined.

5. In view of aforesaid submission of the learned APP for the State, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U