Patna High CourtCR. MISC./2181/2019dismissed

Bhim Singh v. The State Of Bihar

2019-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2181 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Bhim Singh Chathu Singh @ Chotu Singh Vill-Deorath Khurd, P.SKudra,Distt.-Kaimur(Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Mukesh Kumar Singh(App 221) ====================================================== 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 Section 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 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-08-2018. 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.

Patna High Court CR. MISC. No.2181 of 2019(4) dt.08-04-2019 2/2 On behalf of the State and the informant, it is submitted that the petitioner is named in the FIR. The petitioner is husband of the deceased. The onus is upon the petitioner to explain the cause of death of the deceased.

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 Kudra P.S. Case No. 223 of 2018 is rejected.

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

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