Patna High CourtCR. MISC./50115/2024bail granted

Kundan Chaudhary v. The State Of Bihar

2024-08-23Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50115 of 2024 Arising Out of PS. Case No.-272 Year-2021 Thana- SIRDALA District- Nawada ====================================================== Kundan Chaudhary, Son of Govind Mehta, Resident of Vill- Shivpur, P.S.- Sirdala, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sirdala P.S. Case No. 272 of 2021 dated 25.06.2021 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. Mr. Krishna Deo Raj, learned counsel for the petitioner submits that the petitioner who happens to be the husband of the deceased, earlier preferred Cr. Misc. No. 71491 of 2022 before this court for the relief of regular bail which was rejected by this Court vide order dated 05.05.2023 with a direction to the trial court to expedite the petitioner's trial and conclude the same in the next one year. It is further submitted that the petitioner has been given a liberty to renew his bail

Patna High Court CR. MISC. No.50115 of 2024(2) dt.23-08-2024 2/3 prayer after one year from the date of the earlier rejection prayer, if the petitioner's trial is not concluded in the stipulated period of one year and now the petitioner has again come, mainly in the light of the said liberty as there is no significant progress in his trial and there is no chance of conclusion of his trial as till the date of filing of this petition not a single prosecution witness turned up for examination before the trial court despite the charges having been framed on 21.12.2023 and in this regard a specific statement has been made in paragraph no.15 of the petition. It is further submitted that the father-inlaw and mother-in-law of the deceased, who are also named in the FIR, are on regular bail and the petitioner has been languishing in jail since 19.05.2022.

4. Mr. Madhura Nand Jha, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both the sides and perused the FIR and order impugned. Though, against the petitioner there is serious allegation and the matter relates to the offence of dowry death but considering the prosecution's lingering attitude in producing and examining the prosecution witnesses as submitted above and also taking into account the petitioner's custody period which has been about 2 years and 3 months, in my opinion, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner

Patna High Court CR. MISC. No.50115 of 2024(2) dt.23-08-2024 3/3 named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sirdala P.S. Case No. 272 of 2021.

(Shailendra Singh, J) Rajiv/- U T