Amarjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46821 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== AMARJEET SAH SON OF RAM BABU SAH RESIDENT OF VILLAGE NIKASPUR, PS- UJIYARPUR, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 518 of 2022 and 125 of 2023 arising out of Ujiyarpur P.S. case No. 113 of 2022 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution case, in short, is that petitioner and his family members have tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has

Patna High Court CR. MISC. No.46821 of 2023(4) dt.14-03-2024 2/3 been made against the petitioner. No specific overt act is alleged against the petitioner. Petitioner was not present at the place of occurrence on that date, rather on the date of occurrence he was in Kolkata for his livelihood. The co-accused persons have already been granted bail by a Coordinate Bench of this Court vide order dated 09.12.2022 passed in Cr. Misc. No. 51908 of 2022. Learned counsel further submitted that charge has been framed against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.09.2022 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, I am not inclined to grant bail to the petitioner.

7. Prayer is rejected.

8. Learned trial Court is directed to expedite the trial. Further, direction is given to the Superintendent of Police, Samastipur to produce prosecution witnesses in the concerned trial Court without any delay to conclude the trail within the stipulated period.

Patna High Court CR. MISC. No.46821 of 2023(4) dt.14-03-2024 3/3

9. However, the petitioner is given liberty to renew his prayer for grant of bail if the trial is not concluded within one year.

(Rudra Prakash Mishra, J) Alok Verma/- U T