Patna High CourtCR. MISC./40909/2018dismissed

Mritunjay Dev Saket v. The State Of Bihar

2018-07-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40909 of 2018 Arising Out of PS.Case No. -214 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Mritunjay Dev Saket, S/o Anil Kumar, Resident of Mohalla- Bibhisan Kutir, Factory Road, Opposite New Sivan Vihar Apartment Mahatma Gandhi Nagar, P.S.- Patrakar Nagar, Kankarbag, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 13.4.2017 passed in Cr. Misc. No.17156 of 2017 and there is allegation against the petitioner of causing dowry death. The petitioner happens to be husband and the dead body was recovered in decomposed condition from the house of the petitioner.

Submission of the learned counsel for the petitioner is that he is in custody for about two years but the trial has not been concluded up till now.

Heard learned A.P.P. and from perusal of the report it appears that seven witnesses have been examined but the seizure list was not made available on the record. The police station was

Patna High Court Cr.Misc. No.40909 of 2018 (3) dt.25-07-2018 2/2 directed to produce a copy of it and they are also waiting for examination of the Doctor and the I.O. as well as report of the F.S.L.

Having heard both sides and in view of the facts and circumstances and in view of seriousness of the offence, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to conduct it on regular basis so that the trial may be concluded.

At the same time, the Sr.S.P., Patna is directed to produce the paper as and when required by the court and also to obtain the report from the F.S.L. and submit it in the court concerned as well as to produce the witnesses in the court on the next date fixed.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U