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Patna High CourtCR. MISC./18741/2016rejected

Ranjeet Bishwas @ Munna Bishwas v. The State Of Bihar

2016-05-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18741 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -PALASI District- ARRARIA ======================================================

1. Ranjeet Bishwas @ Munna Bishwas S/O Baijnath Bishwas Resident of Village Belagacchi, P.S. Palasi, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. R.N. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-304B, 120(B) of the Indian Penal Code. Petitioner happens to be husband of the deceased and there is accusation that he as well as his other family members put the deceased into cruelty for non-fulfillment of illegal demand and subsequently, she was killed by the petitioner and his other family members.

The present case has been registered under Sections304B, 120B of the Indian Penal Code and it is well known that there is presumption of committing dowry death under Section304B of the Indian Penal Code, if, all the ingredients of the

Patna High Court Cr.Misc. No.18741 of 2016 (2) dt.04-05-2016 2/2 aforesaid section, are proved. In the present case, the postmortem of the deceased goes to show that several injuries were found on her person and therefore, considering the aforesaid facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and accordingly, his prayer for bail in connection with Palasi P.S. Case No. 137 of 2015 pending in the court of learned Additional Chief Judicial Magistrate-III, Araria stands rejected. However, learned trial court is directed to expedite the trial of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T