Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68810 of 2019 Arising Out of PS. Case No.-83 Year-2017 Thana- JANDAHA District- Vaishali ====================================================== RANDHIR KUMAR, Male, aged about 29 years, Son of Dinesh Singh, Resident of Village - Narharpur, P.S.- Jandaha, Distt.- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajesh Kumar, Advocate.

For the Opposite Party :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304 (B)/34 of the I.P.C. The prosecution story, in brief, is that the sister of the informant, namely, Aarti Kumari, was married with Randhir Kumar (petitioner) in the year 2016 and after marriage, she went to her Sasural where she was tortured for demand of dowry and due to non-fulfilment of demand of dowry of Bike his sister has been done to death by Randhir Kumar (petitioner) and co-

Patna High Court CR. MISC. No.68810 of 2019(3) dt.20-08-2020 2/3 accused Sushant Kumar, Sonu Kumar and her dead body was hanged with a rope.

Earlier two bail applications of the petitioner were rejected vide Cr. Misc. No. 5528 of 2018 under order dated 01.02.2018 and Cr. Misc. No. 11075 of 2019 under order dated 27.02.2019 by the then another Co-ordinate Bench of this Court taking into account that the petitioner is the husband of the deceased and the case relates to dowry death. This is third attempt for bail on behalf of the petitioner.

A report was called for from the learned court below regarding the present stage of the case. It has been reported that the case is fixed for defence evidence and an application under Section 319 of Cr. P.C. has also been filed on behalf of the prosecution. It has further been reported that from the date of closing of defence evidence, within a period of two months the trial can be concluded excluding the time period of present adverse situation of COVID-19.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 168 of 2019, arising out of Jandaha P.S. Case No. 83 of 2017, pending

Patna High Court CR. MISC. No.68810 of 2019(3) dt.20-08-2020 3/3 in the court of learned A.D.J.-IIIrd, Vaishali at Hajipur. If the petitioner completes 31⁄2 years (three and half years) in custody and the trial is not concluded, the petitioner may renew his prayer for bail.

(Sudhir Singh, J) U.K./- U T