Mahesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.21796 of 2017 (5) dt.25-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21796 of 2017 Arising Out of PS.Case No. -77 Year- 2014 Thana -BELAGANJ District- GAYA ====================================================== Mahesh Kumar, son of Sri Anil Kumar, Resident of Village- Pranpur, Police Station- Belaganj, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 25-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner being the husband of the victim has renewed the prayer for bail in a case registered for the offences punishable under Sections 304B and 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. The accusation is of killing the sister of the informant within two years of marriage for non-fulfillment of dowry demands.

Though, it is submitted by learned counsel for the petitioner that the victim died due to accidental fire since she fell from the roof of the house. It is further submitted that petitioner is languishing in custody since 17.06.2014, moreover, there is no likelihood of conclusion of trial in near future.

Patna High Court Cr.Misc. No.21796 of 2017 (5) dt.25-04-2018 However, the medical opinion suggests that the victim was throttled to death.

In view of the report of Senior Superintendent of Police, Gaya dated 04.04.2018 and the report of learned Additional District & Sessions Judge-IX, Gaya dated 06.04.2018 which suggests that the prosecution evidence has been closed and the learned trial Court has suggested that if prosecution and defence cooperate the trial will be concluded within a period of one month.

Considering the advance stage of the trial, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sessions Trial No. 37 of 2016 arising out of Belaganj P.S. Case No. 77 of 2014 pending in the Court of learned IXth Additional Sessions Judge, Gaya.

However, it is expected from the learned trial Court to conclude the trial expeditiously preferably within the time frame transmitted to this Court.

(Dinesh Kumar Singh, J) DKS/- U T