Hareram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57967 of 2021 Arising Out of PS. Case No.-255 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== HARERAM SINGH S/o Late Lal Babu Singh R/O Village - Ashani, P.S. - Udwantnagar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP appearing for the State.
The present petition is by way of third attempt at the behest of the petitioner for grant of regular bail in connection with Udwantnagar PS case no. 255 of 2017, registered under Section 304(B) of Indian Penal Code, inasmuch as the earlier prayers of the petitioner for grant of bail have stood rejected by this Court.
The allegation is regarding the petitioner and other accused persons having demanded a motorcycle from the daughter of the informant in lieu of dowry demand and subsequently, they strangulated the daughter of the informant to death, upon non-fulfilment of the same. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.57967 of 2021(3) dt.15-12-2021 2/3 that the petitioner is languishing in custody since 05.12.2018. The learned counsel for the petitioner has further submitted that the petitioner was granted liberty to approach this Court, in case the trial is not completed within two years from today. The learned counsel for the petitioner has further submitted that the trial has not progressed, despite the petitioner being in custody for more than 03 years.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
I have heard the learned counsel for the parties. This Court had called for a report from the learned court of 2nd Additional District & Sessions Judge, Bhojpur at Ara, which has been received by this Court on 25.11.2021 and it has been stated therein that three witnesses have already been examined during the course of trial and trial would be concluded very soon. In such view of the matter, this Court finds that since there is no change in circumstance so as to warrant re-consideration of the prayer of the petitioner for grant of bail and moreover, since the alleged incident has been prima facie found to be true and the petitioner has been alleged to have strangulated the deceased victim lady to death, on account of non fulfilment of the demand
Patna High Court CR. MISC. No.57967 of 2021(3) dt.15-12-2021 3/3 for dowry, which is a heinous crime, I do not any merit in the present petition, accordingly the same stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T