Patna High CourtCR. MISC./8888/2015rejected

Shambhu Sah v. The State Of Bihar

2015-05-04Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.8888 of 2015 (04) dt.04-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8888 of 2015 Arising Out of PS.Case No. -106 Year- 2014 Thana -PARSAUNI District- SITAMARHI ====================================================== Shambhu Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha-Advocate For the Opposite Party/s : Mr. Murlidhar- (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Deceased died at her Sasural and her dead body was disposed of in haphazard manner for which informant, her brother has instituted this case putting an allegation of torture and cruelty on account of non-fulfilment of demand of dowry which ultimately cost her life.

It has been submitted on behalf of petitioner that whatever allegation has been attributed, happens to be false and fabulous and that has purposely been introduced to squeeze the petitioner. It has also been submitted that there was love affair subsisting in between brother of Bhabhi of deceased with deceased and on account thereof, she committed suicide. So, submitted that it is a fit case wherein petitioner, husband is entitled for regular

Patna High Court Cr.Misc. No.8888 of 2015 (04) dt.04-05-2015 bail.

On the other hand, learned Additional Public Prosecutor opposed the prayer.

Gone through the case diary. From the statement of the villagers of the petitioner, it is apparent that deceased died at night and her dead body was disposed of in the night itself and that is sufficient to speak the conduct of the petitioner. Petitioner, being husband of the deceased in the aforesaid background does not deserve bail.

Accordingly, prayer of petitioner for bail is rejected. (Aditya Kumar Trivedi, J) Vikash/- U T