Tarjan Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19514 of 2016 Arising Out of PS.Case No. -828 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Tarjan Dom, Son of Kapil Ram, Resident of Dom Patti, Boulia, P.S. Sasaram, District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 15-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sasaram Town P.S. Case No.828 of 2015 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Rohtas at Sasaram. The accusation is of killing the deceased Madhu Devi, the sister of the informant, by her husband (petitioner) and other in-laws, due to non fulfillment of the dowry demand of cash Rs.20,000/-, by burning.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased Madhu

Patna High Court Cr.Misc. No.19514 of 2016 (4) dt.15-03-2017 2/2 Devi, the sister of the informant. In fact, the deceased Madhu Devi, the sister of the informant, received burn injury on her back side accidentally and died due to burn injury but with an ulterior motive, the petitioner, who is the husband of the deceased Madhu Devi, the sister of the informant, and his other family members have falsely been implicated in this case. Moreover, the petitioner having no criminal antecedent is in custody since 17.01.2016. On the other hand, learned A.P.P.

for the State opposed the prayer of the petitioner for grant of bail with the submission that in the post-mortem examination of the deceased, the sister of the informant, the burn injury on her back side and thigh was found and the deceased Madhu Devi, the sister of the informant, died within seven years of her marriage at her matrimonial house. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T