Niranjan Kumar Vs State Of Bihar

Patna High Court 21 Dec 2022 Criminal Miscellaneous No. 25456 Of 2022
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous No. 25456 Of 2022

Hon'ble Bench

Ahsanuddin Amanullah, J

Advocates

Praveen Kumar, Mohammad Sufyan

Final Decision

Dismissed

Acts Referred

Indian Penal Code, 1860 — Section 34, 304B#Dowry Prohibition Act, 1961 — Section 3, 4

Judgement Text

Translate:

1. Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail being in custody in connection with Sessions Trial No. 185 of 2021 (arising out of Parsa Bazar, P.S. Case No. 134 of

2017) dated 06.07.2017 instituted under Sections 304-B, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. This is the third attempt by the petitioner for bail as earlier such prayer was rejected by order dated 27.11.2019 passed in Cr. Misc. No. 43868 of

2019 and thereafter again by order dated 03.02.2021 passed in Cr. Misc. No. 1395 of 2021. The Court had called for a report from the trial Court with

regard to the stage of the case.

4. In terms thereof, a report has been submitted by the Additional District and Sessions Judge-IX, Patna dated 03.12.2022 in which it has been stated

that out of seven charge sheet witnesses, three have been examined, one has died and the case is fixed for evidence of the Investigating Officer and

doctor for whom bailable warrant had already been issued. Further it has been stated that the case is likely to be disposed of within three months.

5. Having regard to the aforesaid and the fact that on earlier two occasions the prayer for bail has been rejected and there being no mitigating

circumstances except for passage of time i.e., the petitioner being in custody for about four years and nine months, the Court is not inclined to allow

the prayer for bail.

6. Accordingly, the application stands dismissed.

7. However, the trial Court is directed to conclude the trial expeditiously and latest within a period of three months from the date of production of a

copy of this order.

8. As Court has granted time based on the report by the trial Court itself, it expects that the trial would positively be concluded within the said period.

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