Patna High CourtCR. MISC./5600/2016rejected

Dheeraj Rai v. The State Of Bihar

2016-03-31Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5600 of 2016 (3) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5600 of 2016 Arising Out of PS.Case No. -215 Year- 2014 Thana -ATHMALGOLA District- PATNA ======================================================

1. Dheeraj Rai son of Asarfi Rai resident of Laheriyatola, P.S. Athmalgola, District- Patna..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Athmalgola P.S. Case No. 215 of 2014 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Allegedly, the sister of the informant was married with the petitioner in the year 2013 and allegedly, due to non-fulfillment of demand of dowry by way of bed, TV etc. she was being tortured and ultimately she was killed by the petitioner and other in-laws and her dead body was also made traceless.

Submission is of false implication and that the marriage was solemnized in the temple without any dowry, the mother of the petitioner has filed case against brother-in-law and other family members of the wife of the petitioner with assertion that they took away the wife of the petitioner from the house of the

Patna High Court Cr.Misc. No.5600 of 2016 (3) dt.31-03-2016 petitioner vide Complaint Case No. 727 of 2014 and as such the petitioner deserves sympathetic consideration as other co-accused have been allowed bail.

Learned APP opposes the prayer of bail by submitting that during investigation the witnesses have supported the allegation and the petitioner remained absconding.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, considering the period of detention, let the trial of the petitioner be expedited and concluded within nine months. (Jitendra Mohan Sharma, J) avin/- U T