Dinesh Rana @ Dinesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61118 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== DINESH RANA @ DINESH SHARMA Son of Rewa Rana @ Ranchandra Rana R/o vill - Nodhiya, P.S. - Chandramandi, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Chandramandi P.S. case No. 136 of 2022 (Sessions Trial No. 42 of 2023) instituted for the offences under Sections 302, 201, 120(B) of the Indian Penal Code.

3. Prosecution allegation, in short, is that the daughter of the informant was done to death by accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submits that there is no eye witness to the alleged occurrence rather all the

Patna High Court CR. MISC. No.61118 of 2023(5) dt.09-04-2024 2/3 witnesses are hearsay witnesses. The petitioner is husband of the deceased. Learned counsel for the petitioner further submits that the petitioner is in custody since 27.09.2022 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. while referring to various paragraphs of the case diary, submits that several witnesses have supported the prosecution case. Learned APP also submits that the victim was having illicit relation with someone which was not liked by the petitioner. As per post-mortem report, it appears that multiple injuries were found on the body of the deceased. Hence the allegation stands corroborated with the post-mortem report.

6. A report was called for from the Trial Court. It has been reported vide letter dated 15.12.2023 that out of 14 prosecution witnesses, 03 have already been examined and Court below further reported that expected during to conclude the trial is one year.

7. Considering the aforesaid facts and circumstances of the case, nature of accusation and gravity of the offence, stage of the case and the petitioner being the husband of the deceased, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.61118 of 2023(5) dt.09-04-2024 3/3 petitioner.

8. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial expeditiously preferably within a period of nine months from the date of receipt/production of a copy of this order.

9. If the trial is not concluded within the aforesaid period of nine months, the petitioner will be at liberty to renew his prayer for bail before the Court below which will be considered on its own merit without being prejudiced by this order.

10. The District Magistrate, Jamui and the Superintendent of Police, Jamui are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

11. Let this order be communicated to the District Magistrate, Jamui and the Superintendent of Police, Jamui. (Rudra Prakash Mishra, J) Pankaj/- U T