Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49980 of 2022 Arising Out of PS. Case No.-106 Year-2020 Thana- DIGHA District- Patna ====================================================== PINTU KUMAR S/o Late Narayan Ray R/o village- Kurji Balu Par, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Digha P.S. Case No. 106 of 2020 instituted for the offence under Sections 304B, 201/34 of the Indian Penal Code. As per allegation in the FIR, the informant alleged that his sister Nisha Kumari was married to this petitioner six years earlier but after sometime, her in-laws including the petitioner started assaulting and torturing due to non-fulfillment of dowry demand. The informant came to know that sister was committed murder by the accused persons and her dead body was disappeared by them.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner

Patna High Court CR. MISC. No.49980 of 2022(4) dt.10-04-2023 2/3 is husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that there is no prior complaint regarding misbehaving, torturing or assaulting to the deceased by the petitioner as well as her in-laws. Moreover, the petitioner is languishing in judicial custody since 23.11.2020.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is husband of the deceased upon whom the full responsibility to keep his wife with dignity and honour. From perusal of case diary, the witnesses have supported the prosecution version. In pursuance to the direction of this Court, a report with regard to the present stage of trial has been received and the same has been annexed with case diary.

The report of learned Additional District and Sessions Judge-IX, Patna vide dated 28.2.2023 suggests that the trial shall be concluded within a period of 6 (six) months. Having heard the learned counsel for the parties and considering the fact that trial is likely to be concluded in near future, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same within the stipulated time.

Patna High Court CR. MISC. No.49980 of 2022(4) dt.10-04-2023 3/3 However, if the trial of the petitioner is not concluded within stipulate time, he would be at liberty to renew his prayer for bail.

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