Patna High CourtCR. MISC./3888/2019rejected

Rakesh Kumar v. The State Of Bihar

2019-04-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3888 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== Rakesh Kumar,, aged about 27 years, Male, Son of Laldew Thakur, R/o Village-Satpipra, P.S.-Ramgarhwa, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Adv For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Petitioner is husband of the victim lady. The marriage was solemnized just a year before death. Allegation is of torture to the victim by the family members including the petitioner which resulted in unnatural death. In paragraph-5 of the case diary, one of the witnesses stated that there was torture for non-fulfilment of dowry demand. Unnatural death is not disputed because the witnesses of the locality stated before the police that they saw that the victim came out in a burning

Patna High Court CR. MISC. No.3888 of 2019(3) dt.16-04-2019 2/2 condition.

Learned counsel for the petitioner submits that petitioner is in custody since 12.07.2018. In the FIR, there is no allegation of demand of dowry which is improvement in the statement of relation witness in paragraph-5 of the case diary. Therefore, presumption of dowry death is not there. He further submits that since the victim was not liking the petitioner she committed suicide and just to harass, false case has been lodged. Considering the material available on the record, I am not inclined to enlarge the petitioner on bail in connection with Ramgarhwa P.S.Case No.119 of 2018 pending the court of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran. Hence, prayer is refused.

The learned Trial Court is directed to expedite the trial.

(Birendra Kumar, J) Nitesh/- U T