Patna High CourtCR. MISC./75106/2022rejected

Sujeet Kumar v. The State Of Bihar

2023-09-19Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75106 of 2022 Arising Out of PS. Case No.-173 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== Sujeet Kumar Son Of Raj Kumar Mahto Resident Of Village- Mannipur, P.O.- Sari, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanchay Srivastava, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.09.2020, in connection with Warisnagar P.S. Case No. 173 of 2020, F.I.R. dated 22.07.2020 registered for the offences punishable under Sections 304B, 201 read with 34 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.

3. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.75106 of 2022(5) dt.19-09-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the petitioner has been falsely implicated in the present case merely on the ground that the petitioner is husband of the deceased.

5. Vide order dated 07.08.2023 a report was called for with regard to the stage of the trial. Report dated 26.08.2023 of the learned Trial Court reveals that till date six prosecution witnesses including the Doctor have already been examined by the prosecution and now the case is pending for the examination of the Investigating Officer.

6. Considering the aforesaid facts and circumstances of the case and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Warisnagar P.S. Case No. 173 of 2020 pending in the Court of learned Chief Judicial Magistrate, Samastipur.

7. Prayer is refused.

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