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Patna High CourtCR. MISC./40579/2016dismissed

Suman Samrat v. The State Of Bihar

2016-10-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40579 of 2016 Arising Out of PS.Case No. -408 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Suman Samrat Son of Sagar Sao Resident of Mohalla- Naya Bazar Gosai Tola P.S. Kabaiya, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-10-2016 The petitioner being husband of the daughter of the informant is languishing in custody since 08.06.2015 in a case registered for the offences punishable under Sections 341, 323, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The prosecution case is of killing the daughter of the informant after two years of marriage by causing burn injury for non-fulfilment of dowry demand. It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. The accusation of demand of dowry is not specific against the petitioner.

The report was called for from learned Sessions Judge, Lakhisarai vide order dated 21.09.2016. The report of learned Sessions Judge, Lakhisarai at Flag-X dated

Patna High Court Cr.Misc. No.40579 of 2016 (3) dt.21-10-2016 2/2 24.09.2016 reflects that five witnesses have already been examined though the I.O and the doctor are left to be examined. The efforts are being taken to get the I.O and the doctor produced for which the request to the Director General of Police has already been made and if the prosecution and the defence cooperate, the trial will conclude within a period of four months.

Considering the advanced stage of the trial, this Court is not inclined to grant bail to the petitioner at present.

Accordingly the application stands dismissed in connection with Lakhisarai(Kabaiya) P.S. Case No. 408 of 2015, pending in the Court of learned Sessions Judge, Lakhisarai.

It is expected from Superintendent of Police, Lakhisarai to produce all the witnesses when it is expected from learned Trial Court not to give undue adjournment to either side.

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