Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75830 of 2023 Arising Out of PS. Case No.-665 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Rahul Kumar Son Of Umesh Bind Resident Of Village - Rajpur, P.S.- Giriyak, District- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra, Adv For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Giriyak P.S.Case No. 665 of 2022 instituted for the offences punishable under Sections 304B, 379/34 of the Indian Penal Code.
3. The prosecution case in short is that all the FIR named accused persons including the petitioner brutally assaulted the informant's sister and strangulated her to death for non- fulfillment of dowry demand.
4 Learned counsel for the petitioner submits that the petitioner is husband of the deceased has falsely been implicated in this case. There is general and omnibus allegation against all
Patna High Court CR. MISC. No.75830 of 2023(3) dt.28-02-2024 2/2 the accused persons. The petitioner is in custody since 30.01.2023 having clean antecedent.
5. Learned APP opposes the prayer for bail
6. Perused the case diary, FIR and as also the impugned order dated 15.09.2023, it appears that deceased died within one year of her marriage due to strangulation, in this circumstance, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
7. However, the learned trial court is directed to conclude the trial of the petitioner within the period of one year from the date of receipt of a copy of this order and if not concluded within the aforesaid period, the petitioner may be at liberty to renew his prayer for bail before the Trial Court. (Ramesh Chand Malviya, J) N.K/- U T