Dileep Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52954 of 2022 Arising Out of PS. Case No.-294 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== DILEEP SHARMA Son of Balister Sharma Resident of Village - Jagirham, P.S. Yogapatti, Dist. West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Prasad, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Yogapatti P.S. case No. 294 of 2020, G.R. No. 31127 of 2020 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons physically assaulted and tortured and thereafter committed murder of the victim due to nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is husband of the deceased.

Patna High Court CR. MISC. No.52954 of 2022(8) dt.20-03-2024 2/3 Charge-sheet has been submitted in this case. As per postmortem report, the actual cause of death is asphyxia due to burn. Learned counsel for the petitioner further submits that the petitioner is in custody since 20.07.2020 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. A report was called for from the Trial Court. It has been reported that out of eight charge-sheeted prosecution witnesses, one has already been examined and Court below further requested for three months time to conclude the trial.

7. Considering the aforesaid facts and circumstances of the case, nature of accusation and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

8. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

9. However, if the trial is not concluded within

Patna High Court CR. MISC. No.52954 of 2022(8) dt.20-03-2024 3/3 the stipulated period of time, the petitioner will have liberty to move before the Court below for grant of bail. (Rudra Prakash Mishra, J) Pankaj/- U T