Gabbar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1004 of 2021 Arising Out of PS. Case No.-327 Year-2016 Thana- BELHAR District- Banka ====================================================== GABBAR SINGH Son of Vijay Singh Resident of Village- Satadih, P.S.- Belhar, Distt- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Dilip Kr. No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with S.T. P.S. Case No. 415 of 2018 arising out of Belhar P.S. case No. 327 of 2016 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Petitioner in association of his family members are said to have killed the niece of the informant by brutally assaulting her on non fulfillment of dowry demand.

Patna High Court CR. MISC. No.1004 of 2021(3) dt.08-04-2021 2/2 In pursuance of the order dated 03.03.2021, status report of trial in connection with S.T. P.S. Case No. 415 of 2018 arising out of Belhar P.S. case No. 327 of 2016, has been received and kept as Flag- R, in which it is stated that out of Six listed witnesses, five have been examined so far. The investigation officer and the doctor who conducted post mortem of the deceased are yet to be examined as witness. However, in order to ensure attendance of the rest two witnesses in this Court, summons have been issued against them vide this Court D.B. No. 48 and 49 dated 10.02.2021. The trial of this case is likely to be concluded within three months from today. Considering the present stage of the trial, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail in rejected in connection with S.T. No. 415/18 arising out of Belhar P.S. Case No. 327/16 pending before the Court of IInd Additional Sessions Judge, Banka.

Accordingly, the application is dismissed. However, the lower court is directed to conclude the trial within three months. (Anjani Kumar Sharan, J) GAURAV S./- U T