Dhanu Kumar @ Dhanu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21194 of 2016 Arising out of PS.Case No. -7 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ====================================================== Dhanu Kumar @ Dhanu Chauhan, Son of Balister Chauhan, resident of Village-Karariya Thakurai, Police station- Fulwaria District Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shivendra Kumar Sinha, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.02.2016 in connection with Fulwaria P.S. Case No. 07 of 2015 for the offences instituted under Sections 304(B)/34 of the IPC. The accusation is of killing the daughter of the informant due to non-fulfilment of dowry demand by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 29.02.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. He has falsely been implicated in the present case. Prior to institution of the present case the

Patna High Court Cr.Misc. No.21194 of 2016 (3) dt.22-07-2016 2/2 fardbeyan of the father-in-law of the deceased was recorded by the police at P.M.C.H., where the death of the deceased has been explained. Vide Annexure-4, the matter has already been compromised between the parties.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased. There is direct evidence regarding the demand of dowry and for the said purpose the deceased has been done to death. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Fulwariya P.S. Case No. 07/2015, pending in the court of learned C.J.M., Gopalganj. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of copy of this order.

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