Govind Kumar Sah @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49185 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Govind Kumar Sah @ Govind Kumar Son of Late Ajay Sah Resident of Village - Belwaganj, P.S.- Laheriasarai, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with S. Tr. No. 84 of 2024 arising out of Laheriasarai P.S. Case No. 548 of 2023 instituted for the offence under Sections 304B & 34 of the Indian Penal Code.

3.

Prosecution case in short is that daughter of the informant was done to death at her matrimonial house due to non-fulfillment of the demand for dowry by her in-laws. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-11-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.49185 of 2024(4) dt.12-11-2024 2/3 case. Petitioner is the husband of the deceased. It is submitted that no such occurrence took place as alleged in the FIR. It is submitted that petitioner was at his shop at the time of occurrence which is situated at a distance of 1 Km from his house. Learned counsel submits that petitioner was in good relationship with her wife and there was two children borne out of wedlock.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Paragraph Nos. 47 & 48 of the case diary is the statement of the witnesses who have deposed that often there used to be dispute between the deceased and the petitioner.

7.

A report was called from the Trial Court and it is stated that two prosecution witnesses have been examined and five witnesses are yet to be examined. It is next reported that trial is expected to conclude within a period of four months. 8.

Considering the aforesaid facts and circumstances of the case and taking into account the trial court report, wherein it is reported that trial is likely to be concluded within a period of four months, this Court is not inclined to grant bail to the petitioner. Prayer is rejected.

9.

However, petitioner will be at liberty to renew his

Patna High Court CR. MISC. No.49185 of 2024(4) dt.12-11-2024 3/3 prayer for bail if the trial is not concluded within a period of four months from today.

(Rudra Prakash Mishra, J) Raj Kishore/- U T