Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58108 of 2024 Arising Out of PS. Case No.-226 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Anil Sharma Son of Janak Sharma R/O Vill.- Nouwa Tola, P.s.- Bhagwanpur, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmveer Jha, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Dharmveer Jha, the learned counsel for the petitioner and Mr. Zainul Abedin, the learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail who is in custody since 15.06.2022, in connection with Bhagwanpur Hat P.S. Case No. 226 of 2021, FIR dated 15.10.2021, registered for the offences punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. According to the prosecution, allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

4. Earlier prayer for bail of the petitioner was rejected vide order dated 10.08.2023 passed in Cr. Misc. No. 24354 of

Patna High Court CR. MISC. No.58108 of 2024(3) dt.20-09-2024 2/2 2023. Thereafter, he again moved before this Hon'ble Court in Cr. Misc. No. 28216 of 2024, the same was permitted to be withdrawn with liberty to file a fresh application before the trial Court.

5. Learned counsel submits that the petitioner is named in the FIR. He is husband of the deceased and there is specific allegation against him in the FIR.

6. Vide order dated 09.08.2024, a report was called for with regard to the stage of the trial.

7. Vide report dated 07.09.2024, the Trial Court reveals that out of five charge sheet witnesses, two witnesses have been examined and case is pending for examination of rest three prosecution witnesses.

8. Considering the report of the trial Court and the allegation as alleged in the FIR, I am not inclined to extend him the privilege of bail which is accordingly rejected.

9. However, learned Trial Court is hereby directed to conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Jagdish/- U T