Patna High CourtCR. MISC./24787/2016dismissed

Ravi Shankar Sah v. The State Of Bihar

2016-08-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24787 of 2016 Arising out of PS.Case No. -127 Year- 2015 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Ravi Shankar Sah, S/o Late Baikunthi Sah, resident of Village- Bajidpur, P.S. Bajidpur, Vidyapatinagar, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suneil Kumar Thakur, Advocate. For the Opposite Party : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 06.01.2016 in connection with Vidyapatinagar P.S. Case No. 127 of 2015 for the offences instituted under Sections 304(B)/34 of the IPC. The accusation is of killing the daughter of the informant for non-fulfilment of dowry demand by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner has been made accused in the present case due to mistake of fact. There is no eye witness

Patna High Court Cr.Misc. No.24787 of 2016 (5) dt.08-08-2016 2/2 to the alleged occurrence. The Viscera report was called for. The Viscera report is also enclosed with the case diary. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased. In the Viscera report which is enclosed with the case diary it has been mentioned that the poison was found in the sample.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Vidyapatinagar P.S. Case No. 127/2015, pending in the court of the learned J.M. Ist Class, Dalsingsarai, Samastipur. Anyhow, the court below is directed to take all necessary steps to expedite the trial.

The F.S.L. report which is kept in the office is directed to return back to the Director, Forensic Science Laboratory, Bihar, Patna.

U.K./- (Sudhir Singh, J) U T