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Patna High CourtCR. MISC./72412/2021bail rejected

Santosh Kumar Singh v. The State Of Bihar

2022-08-10Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72412 of 2021 Arising Out of PS. Case No.-203 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== SANTOSH KUMAR SINGH SON OF SHRI CHANDRA BHUSAN SINGH @ BHUSHAN PRASAD SIN RESIDENT OF VILLAGE- PACHDAHI CHAKDAH, P.S- SAKRA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sakra P.S. Case No.203 of 2021 registered for the offence under Sections 498(A), 304(B) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 26.04.2021.

The allegation against the petitioner is to cause death of his wife/deceased along with other family members for nonfulfillment of demand of dowry. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.72412 of 2021(5) dt.10-08-2022 2/3 submitted that petitioner is implicated in the present case under wrong impression of informant. It is pointed out that paragraph No.37 of the case diary, where independent witnesses, which is also appearing the eye-witnesses, specifically stated that death was due to suicide without stating anything as regard to demand of dowry. It is also submitted that family members of the deceased participated in the last rites, indicating thereof, informant was well informed about the occurrence. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that as per Supplementary Affidavit filed on behalf of the petitioner, it appears that out of 6 charge-sheeted witness 04 witnesses has already been examined and 02 official witnesses are to be examined.

In view of the submissions, as made above, as the trial of the present case is about to complete, this Court, is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

Patna High Court CR. MISC. No.72412 of 2021(5) dt.10-08-2022 3/3 Trial Court is directed to proceed with the matter, by taking it on board, on daily basis, so as trial may conclude within two months.

Superintendent of Police, Muzaffarpur, is directed to produced the charge-sheeted witnesses, as and when directed by the Trial Court, for expeditious disposal of trial, within specified time, as directed above.

(Chandra Shekhar Jha, J) S.Katyayan/- U T