IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41411 of 2009 GAGAN KUMAR GIRI Versus STATE OF BIHAR ----------- 03. 10.02.2010 Heard counsel for the parties. The petitioner who is the husband of the victim and accused in a case instituted under sections 304B and 120B/34 IPC, has approached this court seeking bail. It appears that within seven years of marriage, the victim was done to death in the matrimonial home in suspicious circumstances. There is allegation of demand of dowry followed by torture. Earlier, the petitioner moved this Court for grant of bail which was disposed of by order dated 24.06.2009(Annexure-1). Relevant portion of the said order reads thus: “Learned counsel for the petitioner, in view of the observation made by the learned Sessions Judge in the order dated 26.3.2009 granting opportunity to the petitioner to renew the prayer for bail before the learned Trial Court after hearing on the point of charge does not press this application on merit for the present. The application is accordingly disposed off.” It is submitted behalf of the petitioner that after framing of charge(s) on 9.9.2009, the petitioner again moved the learned trial court for bail which was rejected under order dated 13.10.2009. Learned counsel further submits that the trial court itself has recorded that in spite of framing of charges till then no witness on behalf of the prosecution was produced. It is next contended that the petitioner continues to incarcerate since 02.01.2009. - 2 - Having regard to the allegations and the materials collected in support thereof, as reflected from the order, this Court is not inclined to enlarge the petitioner on bail. Prayer for bail on his behalf is refused. However, considering the submissions noted above, this Court grants liberty to the petitioner to renew his prayer for bail after seven months from the date of receipt/communication of the present order in the court below, if all the prosecution witnesses are not produced and examined at the trial. hr ( Kishore K. Mandal )