Sikandar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13796 of 2015 Arising Out of PS.Case No. -44 Year- 2013 Thana -MALI District- AURANGABAD ======================================================
1. Sikandar Singh S/o Late Tilashwar Singh r/o village Chandpur Bhatoliya, PS- Mali, in the District of Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2015 Heard learned counsels for the petitioner and learned APP for the State.
The petitioner being husband of the victim is languishing in custody since 05.09.2014 in a case registered for the offences punishable under section 304B/34 of the Indian Penal Code in connection with Mali P.S. Case No.44 of 2013, pending before the 1st Additional Sessions Judge, Aurangabad. The accusation is of killing the sister of the informant after six years of marriage for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that the victim died due to illness and the informant and police were informed about the same. Moreover, the informant has retracted from his initial version and filed a petition to that effect
Patna High Court Cr.Misc. No.13796 of 2015 (3) dt.02-07-2015 2/2 before the learned court below.
It is submitted by learned APP for the State, after going through the case diary that the post-mortem reflects ligature mark around the neck when threatening was given by the petitioner to the informant one day prior to the occurrence through phone.
Considering the nature of accusation, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected. However, the trial court is expected to conclude the trial at the earliest, preferably within a period of one year. (Dinesh Kumar Singh, J) Ashwini/- U T