Patna High CourtCR. MISC./30920/2015rejected

Shib Ravidas v. The State Of Bihar

2016-01-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30920 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Shib Ravidas Son of Kamlesh Ravidas Resident of village - Sarilchak, Dangrapar, Police Station - Nalanda, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Nirmal Kr. Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 304B/34 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

Chinta Devi, the daughter of the informant, was married to the petitioner five years ago and started demanding cash by way of dowry, the part of which was fulfilled but due to non fulfillment of rest part she was strangulated to death by the petitioner and other in-laws.

Submission is of false implication and that there is no specific allegation against the petitioner rather the allegation is

Patna High Court Cr.Misc. No.30920 of 2015 (9) dt.19-01-2016 2/2 omnibus and general in nature, the petitioner never demanded anything and all the allegations are false and concocted. The petitioner is in custody since 26.02.2014 and there is no progress in the trial and as such he deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the doctor has also found the cause of death due to asphyxia caused by strangulation or throttling.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, which finds support in the medical evidence also, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Nalanda P.S. Case No. 26 of 2014 pending in the court of C.J.M. Nalanda at Biharsharif.

However, considering detention of the petitioner the learned trial Judge is directed to expedite the trial and to conclude the same preferably within nine months.

(Jitendra Mohan Sharma, J) Abhay/- U T