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Patna High CourtCR. MISC./29312/2015rejected

Dharmendra Ram v. The State Of Bihar

2015-10-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29312 of 2015 Arising Out of PS.Case No. -205 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Dharmendra Ram S/o Bhola Ram R/o Village Gaurup Samaeel, P.S. Mirganj, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304-B and 201/34 of the I.P.C Chanda Devi, daughter of the informant was married with the petitioner on 25.03.2008 and out of wedlock a male child was born but the petitioner used to demand gold chain and watch and due to non fulfillment killed her and made the dead body traceless.

Submission is of false implication and that both were leading happy life. The witnesses vide paragraphs- 9, 10 and 11 of the case diary have stated that wife of the petitioner consumed poison resulting she died as there was some dispute for petty

Patna High Court Cr.Misc. No.29312 of 2015 (3) dt.29-10-2015 2/2 matter. The petitioner has never demanded anything and as such he deserves sympathetic consideration as he is suffering in custody since 25.03.2015. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes prayer for bail by submitting that even those witnesses have stated regarding demand made by the petitioner by way of gold chain and watch and further the dead body was made traceless. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, and as the death occurred within seven years of marriage and as such prayer for bail of the petitioner is hereby rejected in connection with Mirganj P.S. Case No. 205 of 2014 pending in the court of C.J.M. Gopalganj.

However, the trial court is directed to expedite the trial and to conclude the same preferably within six months failing which the petitioner may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) Abhay/- U T