Prabhat Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66863 of 2022 Arising Out of PS. Case No.-153 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== Prabhat Kumar Singh S/O Devendra Singh R/O Village- Paroha, P.SKathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP For the Informant : Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 06.08.2022 in connection with Kathaiya P.S. Case No. 153 of 2019, F.I.R. dated 12.09.2019 for the offences punishable under Sections 304B/34 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner who happens to be the husband of the deceased have murdered the daughter of the informant due to

Patna High Court CR. MISC. No.66863 of 2022(5) dt.08-05-2023 2/3 non-fulfillment of demand of dowry of Rs. 5 lakhs, etc. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has never demanded any dowry or harassed the deceased. It appears from the F.I.R. that there is no specific allegation against the petitioner. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that previously a case was lodged under Section 498A and it has come during investigation that the allegation against the petitioner is also supported by number of witnesses as well as medical evidence.

Vide order dated 25.04.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 29.04.2023 reveals that the trial is going on. Considering the aforesaid facts and circumstancses, I am not inclined to enlarge the petitioner on bail in connection with Kathaiya P.S. Case No. 153 of 2019 pending in the court of learned Sub Divisional Judicial Magistrate, West Muzaffarpur. Prayer is refused.

Patna High Court CR. MISC. No.66863 of 2022(5) dt.08-05-2023 3/3 However, the learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T