Ramashish Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18303 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -NADI NAINAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ramashish Bin Son of Nathu Bin, resident of Village- Chakadahaua, P.S. Nadi, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Nityanand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 304(B)/34 and 201/34 of the Indian Penal Code. The allegation against the petitioner is of committing murder of his wife, due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.07.2015. Charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eyewitness to the

Patna High Court Cr.Misc. No.18303 of 2016 (3) dt.21-09-2016 2/2 alleged occurrence.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R. He is husband of the deceased and the onus is upon him to explain the cause of death of his wife. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Nadi P.S. Case No. 07 of 2015, pending in the court of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran.

Anyhow, the court below is directed to expedite the trial.

(Sudhir Singh, J.) Amit/- U T