Pravin Kumar @Pawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60481 of 2023 Arising Out of PS. Case No.-263 Year-2021 Thana- DIGHWARA District- Saran ====================================================== Pravin Kumar @Pawan Son Of Sri Kailash Prasad Resident Of VillageMakhanpur Idgah Road, Ps- Alamganj, Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-01-2024 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in a connection with Dighwara P.S. Case No. 263 of 2021, dated 20.08.2021 registered for the offences punishable u/s 302, 304B read with 34 of the Indian Penal Code and altered Section 306 of I.P.C.

4. As per the prosecution case, the co-accused

Patna High Court CR. MISC. No.60481 of 2023(5) dt.05-01-2024 2/3 person was married to the informant's daughter. After marriage, the petitioner and her in-laws used to assault and abuse the deceased for the sake of dowry and they murdered the informant's daughter due to non-fulfillment of the said demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Charge-sheet has already been submitted against the petitioner under Section 306 of the I.P.C. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up during the course of investigation. The petitioner is in custody since 12.10.2021. Learned counsel has further submitted that the trial has not been concluded within the period of 9 months as directed by this Court vide order dated 27.09.2022 passed in Cr. Misc. No. 15969 of 2022. The petitioner has no criminal antecedent as stated in para 3 of the bail petitioner.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the prayer of bail of the petitioner has already been rejected on merit by this Court vide order dated 27.09.2022 passed

Patna High Court CR. MISC. No.60481 of 2023(5) dt.05-01-2024 3/3 in Cr. Misc No. 15969 of 2022.

7. Considering the aforesaid facts and circumstances of the case as well as the specific allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

8. Learned Trial Court is further directed to expedite the trial and conclude the same within a period of four months.

9. The bail petition stands rejected.

(Chandra Prakash Singh, J) Nilmani/- U T