Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66605 of 2022 Arising Out of PS. Case No.-135 Year-2018 Thana- MAHUA District- Vaishali ====================================================== PRAMOD SAH SON OF KHAKHAN SAH R/O VILLAGE- MOHANPUR, P.S.- MAHUA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 08.02.2021 in connection with Mahua P.S. Case No. 135 of 2018, corresponding to Trial No. 362 of 2021, F.I.R. dated 10.06.2018 registered for the offences punishable under Sections 304(B), 506 and 34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is the husband of the deceased and there is no specific

Patna High Court CR. MISC. No.66605 of 2022(3) dt.10-04-2023 2/3 allegation against the petitioner and there is general and omnibus allegation against all the accused persons. Learned APP for the State, on the other hand, on the basis of material available on record as well as case diary and also report of the learned Trial Court, vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner and other co-accused persons and they have been committed crime in question and after that they pored kerosine oil and set on fire on the body of the victim. He further submits that the report of the learned Trial Court reveals that out of seven chargesheeted witnesses, three witnesses have already been examined.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Mahua P.S. Case No. 135 of 2018 corresponding to Trial No. 362 of 2021 pending in the Court of learned Additional District & Sessions Judge-VII, Vaishali at Hajipur.

Prayer is refused.

However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//-

Patna High Court CR. MISC. No.66605 of 2022(3) dt.10-04-2023 3/3 U T