Ritu Raj @ Delu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7095 of 2019 Arising Out of PS. Case No.-355 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Ritu Raj @ Delu Son of Sri Ashok Kumar Resident of Village- Kopakala, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 302, 304B/34 of the Indian Penal Code. The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-07-2018. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The deceased is said to have sustained injury due

Patna High Court CR. MISC. No.7095 of 2019(5) dt.08-04-2019 2/2 to accidental fire. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The alleged occurrence is said to have been taken place on 09-102017. The case was instituted 12-10-2017. The delay in instituting the FIR has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the FIR. The petitioner is alleged to be husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased. In course of investigation, several witnesses have supported the prosecution case. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Naubatpur P.S. Case No. 355 of 2017 is rejected.

Learned trial court is directed to expedite the trial of the petitioner.

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