Mukesh Kumar @ Mukesh Kumar Roy @ Mukesh Kumar Rai @ Mukesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52860 of 2019 Arising Out of PS. Case No.-177 Year-2017 Thana- PATORI District- Samastipur ====================================================== MUKESH KUMAR @ MUKESH KUMAR ROY @ MUKESH KUMAR RAI @ MUKESH RAI S/o Udai Rai @ Udai Kant Rai R/o village- Sultanpur Chhaurahi, P.S.- Patory, District- Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suneil Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code in connection with Patori P.S. Case No. 177 of 2017. Petitioner is husband of the victim of dowry death. The petitioner is in custody since 26.06.2019. Allegation is of demand of dowry and torture for the same before death of the victim.
For commission of offence under Section 304B physical presence of the accused is not necessary. Hence, there is no merit in the submission that petitioner was doing work of labour at Delhi at the time of occurrence. Likewise some other
Patna High Court CR. MISC. No.52860 of 2019(5) dt.18-12-2019 2/2 co-accused have been acquitted in the trial could not make out a case for grant of bail to the petitioner. Hence, I am not inclined to enlarge the petitioner on bail for the present. If the trial is not concluded within nine months from today, the petitioner may renew the prayer for bail before the trial Court itself. The trial Court is directed to expedite the trial. Let a copy of this order be sent to the learned Chief Judicial Magistrate, Samastipur, to ensure immediate commitment of the case to the Court of Session. (Birendra Kumar, J) Mkr./- U T