Patna High CourtCR. MISC./49503/2019disposed

Manish Kumar v. The State Of Bihar

2020-05-28Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49503 of 2019 Arising Out of PS. Case No.-431 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== Manish Kumar, Son of Arun Singh @ Arun Kumar Singh Resident of VillageWiman, Police Station-Ariyari, District-Sheikhpura, at present Baudh Vihar Colony C/o Harendra Prasad, near Panchvati Mandir, Police StationAgamkuan, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Adv.

Mr. Shashank Shekhar, Adv.

For the Informant :

Mr. Sanjeev Kumar, Adv.

For the State :

Mr. J.N. Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2020 The matter has been taken through virtual court proceeding.

Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the victim has renewed his prayer for bail in a case registered for the offences punishable under Sections 328 and 304B of the IPC. The prosecution case as per the fardbeyan of Manoj Kumar Singh recorded by K.K. Singh, being the S.I., Agamkuan Police Station on 10.09.2017 at 8.30 A.M., at Nirmal Hospital New Bypass, Bahadurpur Housing Colony, Patna is to the effect that the informant's daughter Pallavi Kumari was married with

Patna High Court CR. MISC. No.49503 of 2019(5) dt.28-05-2020 2/3 the petitioner on 22.04.2016, but subsequent to the marriage, further dowry demand of Rs. 5 lacs was made by all the accused persons including the petitioner and due to non-fulfillment of the same, the daughter of the informant was poisoned by all the accused persons. Subsequently, the daughter of the informant died during course of treatment on 10.09.2017. Learned counsel for the petitioner submits that the petitioner is languishing in custody since 03.11.2017. The accusation against the petitioner is omnibus and general. It is further submitted that though charges have been framed on 28.04.2018, but recently no witness has been examined, hence there is no likelihood of trial being concluded in near future.

Learned counsel for the informant and the State submit that thrust of accusation is against the petitioner being the husband of the victim and three witnesses have already been examined and rest three witnesses including I.O. and doctor are left to be examined. The viscera report also supports the accusation of consumption of poison and the postmortem report reflects several injuries on the body of the victim. Considering the accusation of poisoning and assault being corroborated by the F.S.L.

Patna High Court CR. MISC. No.49503 of 2019(5) dt.28-05-2020 3/3 present.

Accordingly, the prayer for bail of the petitioner is rejected in connection with Sessions Trial No. 151 of 2018, arising out of Agamkuan P.S. Case No. 431 of 2017, pending in the Court of learned Additional Sessions Judge-1, Patna City. However, if the trial is not concluded within next four months, the petitioner will be at liberty to renew the prayer for bail.

(Dinesh Kumar Singh, J) Amrendra/- U T