Chitranjan Kumar @ Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76898 of 2023 Arising Out of PS. Case No.-19 Year-2021 Thana- KHIRI MORE District- Patna ====================================================== Chitranjan Kumar @ Mithun Paswan Son of Krishana Paswan, R/o village - Imamganj, P.S. - Khiri More, Distt. - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Advocate For the Opposite Party :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Birendra Kumar, the learned counsel for the petitioner and Mr. Rajendra Singh, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 04.03.2023, in connection with Khiri More P.S. Case No. 19 of 2021, FIR dated 23.02.2021, registered for the offences punishable under Sections 304(B) and 120(B) read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, the daughter of the informant was subjected to regular torture and abuse by her in-laws over non-fulfillment of dowry demand. It is further alleged that informant received information regarding the death of his daughter and he suspects that the in-laws of his daughter have murdered his daughter due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.76898 of 2023(8) dt.20-09-2024 2/3 4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and he has been made accused in the present case merely on the ground that petitioner is the husband of the deceased. He further submits that all the witnesses have become hostile and no one has supported the case of the prosecution, however, he has not annexed any deposition in support of this contention.

5.

Vide order dated 02.08.2024, a report was called for with regard to the stage of the trial and report dated 07.09.2024 of the learned trial Court reveals that out of six prosecution witnesses, five witnesses have been examined and only Investigating Officer is yet to be examined in the present case.

6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

7.

Considering the aforesaid facts and circumstances and the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Khiri More P.S.

Patna High Court CR. MISC. No.76898 of 2023(8) dt.20-09-2024 3/3 Case No. 19 of 2021, pending in the Court of learned Chief Judicial Magistrate, Danapur.

8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T