Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3005 of 2019 Arising Out of PS. Case No.-184 Year-2017 Thana- FATUA District- Patna ====================================================== Dhananjay Kumar son of Bakhori Paswan, resident of Naya Tola Govindpur,P.S.- Fatuha District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Sinha For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Fatuha P.S. case No.184 of 2017 registered under Sections 304B, 201/34 of I.P.C., pending in the court of Judicial Magistrate 1st, Patna City Smt. Sabita Rani.

Allegation is that the accused persons including the petitioner tortured the daughter of the informant due to nonfulfilment of demand of dowry. On 26.05.2017 informant's sonin-law informed that her daughter fled away. Later on it transpired that upper portion of dead body has been seen at Railway track but on search half body of the deceased was found. The informant claims that due to non-fulfilment of demand of dowry her daughter has been killed.

Patna High Court CR. MISC. No.3005 of 2019(7) dt.02-07-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.11.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case of train accident. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. Narendra/- (Sudhir Singh, J) U T