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Patna High CourtCR. MISC./56347/2022bail granted

Deepak Ram v. The State Of Bihar

2022-11-30Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56347 of 2022 Arising Out of PS. Case No.-387 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== DEEPAK RAM S/O SURESH RAM Resident of village- Naya Tola Baghnocha, P.S.- Mahnar in the District- of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate.

For the Opposite Party/s :

Mr. Lalan Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-11-2022 Heard Mr. Ranjeet Kumar, learned counsel for the petitioner and Mr. Lalan Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Mahnar P.S. Case No. 387 of 2018 registered for the offences punishable under Sections 304-B, 201 and 34 of the Indian Penal Code.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 23.06.2021 passed in Cr. Misc. 4065 of 2021 with liberty to renew his prayer for grant of regular bail after one year. The allegation against the petitioner is that he along with his family members has killed his wife due to non-

Patna High Court CR. MISC. No.56347 of 2022(3) dt.30-11-2022 2/3 fulfillment of demand of dowry and her dead body was disposed secretly.

Learned counsel for the petitioner submits that from the date of last rejection of the bail application of the petitioner, the trial has not progressed further and the petitioner is in custody since 30.5.2020 i.e. for about more than two years. This Court vide order dated 19.10.2022 had called for a report from learned Chief Judicial Magistrate, Vaishali at Hajipur, regarding progress of the trial and the learned Chief Judicial Magistrate, vide his letter No. 184 dated 18.11.2022 has furnished the report and from perusal of the same, it transpires that the case has been committed recently on 18.11.2022 to the Court of Session and no witness has yet been examined. Taking into consideration the fact that the petitioner is in custody since 30.5.

2020 and the trial has not progressed substantially from the last rejection of the bail application of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No.

Patna High Court CR. MISC. No.56347 of 2022(3) dt.30-11-2022 3/3 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T