Bipul Kumar @ Bidur Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1954 of 2023 Arising Out of PS. Case No.-200 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Bipul Kumar @ Bidur Kumar, Son of Bipin Singh, R/V- Bhith, P.SBhagwanpur, Dist- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Smiti Bharti, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. By filing this application, the petitioner has renewed his prayer for bail in connection with Bhagwanpur P.S. Case No. 200 of 2020 registered for the offences punishable under Sections 304 (B) and 498 (A) of the Indian Penal Code. He is in custody since 19.10.2021 and has no criminal antencedent.

3. As per the prosecution story, the informant's younger sister and this petitioner had solemnised marriage on 17.06.2020 and at the time of marriage Rs.9.5 lakhs, furniture and jewellery were given but after two days of marriage, a demand of Rs.5 lakhs was made and when the demand of dowry could not be fulfilled, this petitioner and his family members tortured the sister of the informant and tried to inject sleep

Patna High Court CR. MISC. No.1954 of 2023(4) dt.13-03-2024 2/3 inducing medicine to cause her death. It is also alleged that her husband has burnt her with cigarettes. Thereafter, the informant was informed that her sister has been killed.

4. Learned counsel for the petitioner submits that earlier, the prayer for bail of this petitioner was rejected by this Court vide order dated 29.09.2021 passed in Cr. Misc. No. 22760 of 2021.

5. This Court had called for a report from the learned trial court as to the present stage of trial and the time likely to be taken in conclusion thereof. As per the report dated 09.01.2024, seven out of nine chargesheet witnesses had already been examined and the trial court expected to conclude the trial within a period of four months.

6. Today, learned counsel for the petitioner has informed that in fact the two remaining witnesses have also been examined during this period, therefore, the prosecution evidence is complete.

7. Having regard to the submission that the prosecution evidence has already been recorded, this Court is of the considered opinion that in absence of the materials which have transpired in course of trial and are available on the record of the trial court only, it would not be just and proper to take a

Patna High Court CR. MISC. No.1954 of 2023(4) dt.13-03-2024 3/3 view with regard to the prayer for bail by this Court in the present application.

8. This application is being disposed of with a direction to the learned trial court to conclude the trial and pass an appropriate judgment within a period of four months from the date of receipt/production of a copy of this order, failing which the petitioner will be at liberty to apply afresh for bail in the learned trial court itself.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T