Krishna Kharwar @ Krishna Kumar Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62718 of 2022 Arising Out of PS. Case No.-143 Year-2019 Thana- NAUTAN District- Siwan ====================================================== Krishna Kharwar @ Krishna Kumar Kharwar Son Of Rajendra Kharwar @ Rajendra Prasad Kharwar R/O Village- Sujaw, P.S.- Nautan, District- Siwan. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nautan P.S. Case No. 143 of 2019 lodged under Section 304(B) of the I.P.C.

As per the prosecution case, the allegation of killing of informant's sister is there in the F.I.R. against 4 accused persons, who are the family members of the petitioner, including the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 10.09.2019 having

Patna High Court CR. MISC. No.62718 of 2022(2) dt.22-02-2023 2/2 clean antecedent. He further submits that charge has already been framed and prosecution witness is going on. He also submits that Annexure-3 is the information of sum of deposits by witness no. 1, witness no. 2 and witness no. 3. He submits that none of the witnesses has supported the ingredient of Section 304(B) of the I.P.C.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is the husband of deceased and this is a case under Section 304(B)/34 of the I.P.C. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

With this observation, the bail application stands rejected.

Trial court is directed to expedite the trial within six months.

If the trial shall not be concluded within 6 months, then the petitioner is at liberty to come to this Court. (Dr. Anshuman, J.) ashishsingh/- U T