Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88375 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- TEKARI District- Gaya ====================================================== Pankaj Kumar Son of Vijay Yadav @ Vijay Prasad Singh Resident of Village - Titaiganj Dahiyar Tola Narayan Bigha, P.S. - Tekari, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kr. Singh, APP For the Informant :

Mr. Aryan Singh, Advocate Mr. Rohit Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with S.Tr. no. 1295 of 2023 arising out of Tekari P.S. Case no. 190 of 2023 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant who was married to the petitioner herein was tortured for non-fulfillment of demand of dowry to the tune of Rs. 5 lakhs and gold chain. She was assaulted, tortured and ultimately done to death. The informant states that he received information about his daughter having fallen from the terrace of the house leading to her death.

Patna High Court CR. MISC. No.88375 of 2024(3) dt.17-01-2025 2/3

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 12.3.2024 (Annexure-P/1) passed in Cr. Misc. no. 13427 of 2024. The petitioner is in custody since 21.3.2023 and the trial has still not concluded. He undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against the petitioner which is supported from the contents of the postmortem report wherein injury caused by hard and blunt object was found. It is further submitted that the informant undertakes to produce the non-official witnesses in course of trial without any delay, as and when the date is fixed by the learned trial Court.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 24.12.2024, the trial is at the stage of evidence.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the petitioner being the husband of the deceased, antemortem injuries caused by hard and blunt object having

Patna High Court CR. MISC. No.88375 of 2024(3) dt.17-01-2025 3/3 been found in the postmortem report and the trial having proceeded, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. As undertaken, the informant is directed to produce the non-official witnesses on each date fixed by the learned trial Court for evidence.

9. The learned trial Court is directed to expedite the trial.

10. Let a copy of this order be communicated to the learned trial Court.

(Partha Sarthy, J) Harsh/- U T