Rajesh Kumar @ Happy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1280 of 2022 Arising Out of PS. Case No.-359 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Rajesh Kumar @ Happy Son Of Late Rajanarayan Pandey @ Late Jagarnath Pandey Resident Of Village- Paroo Mathiya, P.S.- Paroo, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. The accusation is of killing the grand-daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and he has performed love marriage with

Patna High Court CR. MISC. No.1280 of 2022(6) dt.11-01-2023 2/3 the victim, therefore, there is no chance of any demand for dowry or torture. It is further submitted that at the time of occurrence, the petitioner was not in the house. The petitioner is languishing in custody since 10.08.2021.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The deceased died within one year of her marriage.

It appears that vide order dated 23.11.2022, a report was called for with regard to the present stage of the trial. The report has been received which suggests that summons against the prosecution witnesses have been issued.

Since petitioner is husband of the deceased and deceased died within one year of her marriage, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner

Patna High Court CR. MISC. No.1280 of 2022(6) dt.11-01-2023 3/3 stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months from today. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within six months.

(Sunil Kumar Panwar, J) Shageer/- U T