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Patna High CourtCR. MISC./11872/2016dismissed

Prem Tanti v. The State Of Bihar

2016-05-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11872 of 2016 Arising Out of PS.Case No. -56 Year- 2014 Thana -KATORIA District- BANKA ======================================================

1. Prem Tanti Son of late Jagarnath Tanti Resident of Village- Fulvaria, PS Katoria District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the victim is languishing in custody since 2.5.2015 in a case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non fulfillment of dowry demands and hanging the dead body. It is also alleged that previously also the petitioner used to assault the victim.

It is submitted by the learned counsel for the petitioner that there is no eye witness to the occurrence. The FIR does not reflect the date of marriage though subsequently during investigation some witnesses suggested that the marriage was

Patna High Court Cr.Misc. No.11872 of 2016 (3) dt.16-05-2016 2/2 solemnized two years prior to the incident.

Considering the nature of accusation, this court is not inclined to grant bail to the petitioner in connection with Katoria P.S. Case No. 56 of 2014 pending in the court of learned Additional District and Sessions Judge IV, Banka. This application is, accordingly, dismissed. However, let the trial be expedited. If the trial is not concluded within one year, the petitioner shall be at liberty to renew his prayer for bail. (Dinesh Kumar Singh, J) Anil/- U T