Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25670 of 2015 Arising out of PS.Case No. -96 Year- 2014 Thana -JAMHORA District- AURANGABAD ====================================================== Sanjay Ram, Son of Late Ganauri Ram, resident of Village- Pipra, P.S.- Jamhor, District- Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mrs. Leelawati Kumari, Advocate. For the Opposite Party : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 14.08.2014 in connection with Jamhore P.S. Case No. 96 of 2014 for the offences instituted under Sections 304(B)/34 of the I.P.C. The prosecution story, in brief, is that the deceased was married with this petitioner on 29.04.2013 and since the time of marriage the petitioner was giving threatening for fulfilment of further dowry demand and due to non-fulfilment of dowry demand the deceased has been caused to death by this petitioner by throttling on 08.08.2014 at 2.00 P.M. It is alleged that this petitioner alongwith other co-accused persons named in the F.I.R. are involved in the dowry death of the deceased.

Patna High Court Cr.Misc. No.25670 of 2015 (3) dt.02-09-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.08.2014 and the charge sheet has been submitted in the present case. Petitioner has got no criminal antecedent. The petitioner is said to have made accused due to mistake of fact.

On behalf of the State it has been submitted that the petitioner is the husband of the deceased and the main allegation is against him only.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner in connection with Jamhore P.S. Case No. 96/2014, pending in the court of the learned CJM., Aurangabad. The same is rejected. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order.

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