Patna High CourtCR. MISC./81534/2023bail rejected

Ashok Kumar v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81534 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Ashok Kumar S/O Sryug Mahto Resident Of Village- Mirzapur, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Barbigha P.S. Case No. 181 of 2023, lodged on 24.04.2023, under Sections 302/304B of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner in which allegation of killing of the informant's sister has been alleged against the petitioner and his entire family.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the deceased is the wife of the petitioner and the marriage was solemnized 18 years back. Counsel submits that in the last 18 years there is not a single complaint has been filed against

Patna High Court CR. MISC. No.81534 of 2023(3) dt.05-03-2024 2/2 the petitioner. Counsel further submits that on the date of occurrence he was not available in the village. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean. He is in custody since 19.07.2023.

5. Learned counsel for the State opposes the prayer for bail.

6. Upon the specific query of the Court that whether charges have been framed or not. Counsel for the petitioner submits that charges have been framed.

7. In this background, this Court is not inclined to grant bail to the petitioner at present, but liberty is granted to the petitioner that nine months after framing of the charges the petitioner shall renew the prayer for bail and the trial Court is directed to expedite the trial.

(Dr. Anshuman, J) Mkr./- U T