Patna High CourtCR. MISC./49508/2024rejected

Rajan Kumar @ Rajan Sharma v. The State Of Bihar

2024-11-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49508 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- DARPA District- East Champaran ====================================================== Rajan Kumar @ Rajan Sharma Son of Banka Thakur @ Banka Sharma Resident of Vill- Gamharia Kala, P.S.- Darpa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.Iii, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-11-2024 Heard Mr. Sunil Kumar No. III, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 04.03.2024 in connection with Darpa P.S. Case No. 15 of 2024, F.I.R. dated 30.01.2024 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including the petitioner have killed the sister of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is the husband of the deceased. He further submits

Patna High Court CR. MISC. No.49508 of 2024(4) dt.26-11-2024 2/2 that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. In fact, the victim has committed suicide herself.

5. Vide order dated 06.09.2024 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 13.09.2024 reveals that out of 8 charge sheet witnesses 5 witnesses have already been examined.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances as well as report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Darpa P.S. Case No. 15 of 2024 pending in the court of learned Judicial Magistrate 1st Class, Moithari, East Champaran.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T