Patna High Court - Orders
Prem Das vs The State Of Bihar on 15 March, 2023
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51487 of 2022
Arising Out of PS. Case No.-238 Year-2019 Thana- KHODAWANDPUR District- Begusarai
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PREM DAS S/o Narayan Das Resident of Village- Bariyarpur, West Ward
No.4, P.S.- Khodawandpur, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Braj Bhushan Poddar
For the Opposite Party/s : Mr.Ashok Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 15-03-2023The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Khodawanpur P.S. Case No. 238 of 2019, registered for the offences punishable under Section 302/34 of IPC.
As per allegation, the husband of the deceased and his family members named in the FIR badly assaulted Aarti Kumari, the deceased. They sprinkled acid on her body and committed murder.
The learned counsel for the petitioner has submitted that the deceased, in course of preparing meal got burnt and it is Patna High Court CR. MISC. No.51487 of 2022(4) dt.15-03-2023 2/2 not a case of acid attack. The petitioner has falsely been implicated in this case. The petitioner is under custody since 23.11.2019.
On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is husband and along with other co-accused persons, not only he badly assaulted the deceased but also threw acid on her body.
The report has been called for from the court below about stage of the trial. The report shows that the charges have been framed on 07.12.2022. The learned court below where the trial is pending has mentioned that he will try his best to conclude the trial within a period of one year.
If the trial is not concluded within one year, the petitioner may renew his prayer for bail.
With these observation, the petition is disposed of. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
kundan/Nirmal
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