Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63110 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- PATNA GRP CASE District- Patna ====================================================== Sunil Kumar, Son of Shiv Nath Prasad, Resident of Village- Lodi Katra, P.S.- Khajekalan, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate.

For the informant : Mr. Deepak Kumar, Advocate. For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Patna Junction (Gulzarbagh) P.S. Case No. 111 of 2018, instituted for the offence under Section(s) 498(A), 302/34 of the Indian Penal Code. Subsequently, Section 304(B)/34 Indian Penal Code was added.

It is alleged in the written report that daughter of informant was married with petitioner. She was tortured in her sasural. On 10.4.2018 the informant got information through his Samdhi on Mobile that his daughter has gone some where. It is further alleged that his daughter was taken on Scooty by this petitioner. He pushed her in front of running train, on

Patna High Court Cr.Misc. No.63110 of 2018(6) dt.16-01-2019 2/3 account of which, she sustained serious injury and died. In the meantime, son of the informant went to Railway track where he found his daughter lying dead. Petitioner and Samdhi of the informant were also present there. The dead body has been forcibly brought to the house of the informant by the son-inlaw. Counsel for the petitioner submits that several witnesses have stated in paragraphs 31 to 34 that the victim girl was standing on the Railway track and did not move even after blowing Horn by train and she died due to train accident. Counsel for the informant has appeared and submitted that witnesses in paragraphs-5, 6, 8 and 9 of the case diary have supported the case before the police.

The post mortem report is available in the case diary from which it appears that the victim girl had sustained injuries and death has been caused by hard and blunt force impact. In such circumstances, from the allegation as well as post mortem report, it would appear that deceased died unnatural death in her sasural and information was given to the informant by family members of the sasural of the deceased. Petitioner is husband of the deceased.

Therefore, this Court is not inclined to grant bail to

Patna High Court Cr.Misc. No.63110 of 2018(6) dt.16-01-2019 3/3 the petitioner at this stage.

Prayer for bail of the petitioner stands rejected at this stage.

Counsel for the petitioner submits that case has already been committed to the court of Sessions. Petitioner is in custody since 11.4.2018.

The court below is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of this order.

(Sanjay Priya, J) S.Ali/- U T