Bineet Kumar @ Shanu Pandey @ Vinit Kumar Shanu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47002 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== BINEET KUMAR @ SHANU PANDEY @ VINIT KUMAR SHANU PANDEY, aged about 25 years, Sex-Male, Son of Sato Pandey, Resident of Village - Gabai (Sheikhpura), P.S.- Sheikhpura, District - Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate.

For the Opposite Party :

Mrs.Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 342, 323, 307, 324, 498(A)/34 of the IPC and 3⁄4 of the D.P. Act. Later on, Section 304(B) of the IPC was also added.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim 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. 52025 of 2018 dated 05.09.2018 taking into

Patna High Court CR. MISC. No.47002 of 2019(3) dt.18-09-2019 2/3 account that the petitioner is the husband of the deceased and onus is upon the petitioner to explain the cause of death of the deceased. In course of treatment, the deceased has also supported the allegation made in the F.I.R.

A report was called for from the court below regarding the stage of the case. It has been reported that out of 08 prosecution witnesses, 05 prosecution witnesses have already been examined and the trial is expected to be concluded within a period of six months.

Considering the nature of accusation and the stage of trial, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sheikhpura (Hathiyama) P.S. Case No. 260 of 2018, pending in the court of learned Additional District Judge-IInd, Sheikhpura.

The court below is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate, Sheikhpura and the Superintendent of Police, Sheikhpura are directed to ensure that the prosecution witnesses are produced on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Patna High Court CR. MISC. No.47002 of 2019(3) dt.18-09-2019 3/3 Let a copy of this order be communicated to the District Magistrate, Sheikhpura and the Superintendent of Police, Sheikhpura.

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