Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73004 of 2022 Arising Out of PS. Case No.-230 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== VIKASH SAH Son of Late Nathuni Sah R/V- Gauripur P.S- Singheshwar dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Session Trial No. 34 of 2021 arising out of Singheshwar P.S. Case No. 230 of 2019 for the offence registered under Sections 363, 366(A), 498(A)/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act, inasmuch as the earlier prayers of the petitioner for grant of bail have all stood rejected by this Court.

The allegation against the petitioner,

Patna High Court CR. MISC. No.73004 of 2022(2) dt.04-01-2023 2/3 according to the informant, who is the mother of the victim girl, is that her daughter was married with the petitioner on 30.06.2019 as per Hindu rites and rituals, whereafter her daughter had stayed at her in-laws place for a month, however, subsequently the accused persons including the petitioner herein used to torture and misbehave with her as also used to assault her on account of non-fulfilment of demand for dowry of Rs. 5 lacs and a motorcycle. Subsequently on 05.09.2019, the accused persons had made the victim lady disappear and upon being asked about her whereabouts, no satisfactory answer was given by the accused person including the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 31.12.2019, without there being much progress in the trial.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials

Patna High Court CR. MISC. No.73004 of 2022(2) dt.04-01-2023 3/3 available on record as also considering the materials available in the case diary, this Court had prima facie found the complicity of the petitioner in the alleged occurrence and had, therefore, rejected the prayer of the petitioner for grant of bail, whereafter, again this Court had rejected the second petition filed by the petitioner for grant of bail vide order dated 15.09.2021, thus there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/SauravU T