Patna High CourtCR. MISC./73644/2023bail rejected

Vikky Kumar @ Sudhir Kumar v. The State Of Bihar

2024-02-17Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73644 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- SAHPUR District- Patna ====================================================== Vikky Kumar @ Sudhir Kumar Son Of Ram Babu Rai @ Rambabu Prasad Resident Of Village - Akluchak, P.S. - Sahpur, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rishi Raj Raman, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP-100 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial NO.1496 of 2022 arising out of Sahpur P.S. Case No. 22 of 2022 from the Court of Additional Sessions Judge-I, Danapur, Patna registered for an offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand by the petitioner and his family members.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Petitioner is in custody since 04.02.2022.

Patna High Court CR. MISC. No.73644 of 2023(4) dt.17-02-2024 2/2

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the first information report, postmortem report of the deceased and other documents produced by the petitioner and also impugned order dated 01.09.2022, it appears that the petitioner is named in the FIR and specific allegation against this petitioner to commit the dowry death within four years from marriage and the cause of death of the deceased due to asphyxia, caused by hanging leading to cardiopulmonary failure. On perusal of the three deposition witnesses, it appears that the trial is on advance stage, considering which, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. However, the trial court is directed to conclude the trial within a period of six months from the date of receipt of this order and if the trial is not concluded within the stipulated period, the petitioner may renew his prayer for regular bail. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T