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Patna High CourtCR. MISC./59272/2021rejected

Rajeev Kumar v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59272 of 2021 Arising Out of PS. Case No.-490 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== Rajeev Kumar S/O Raj Kumar Mandal R/O Village-Habibpur, Logai, P.SShivnarayanpur, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and he has never demanded any dowry nor any torture was inflicted upon the deceased. It is further

Patna High Court CR. MISC. No.59272 of 2021(6) dt.10-01-2023 2/3 submitted that due to petty family dispute in a heat of passion and spur of moment, the deceased committed suicide. The petitioner is languishing in custody since 21.01.2021.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The deceased died within three years of her marriage. During investigation, the independent witnesses supported the case of the prosecution. The postmortem report also corroborates the prosecution version.

Since petitioner is husband of the deceased and deceased died within three years of her marriage, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months

Patna High Court CR. MISC. No.59272 of 2021(6) dt.10-01-2023 3/3 from today. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within six months.

(Sunil Kumar Panwar, J) Shageer/- U T