← Library
Patna High CourtCR. MISC./8901/2019rejected

Bhupen Sardar @ Bhupendra Sardar v. The State Of Bihar

2019-05-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8901 of 2019 Arising Out of PS. Case No.-365 Year-2014 Thana- FORBESGANJ District- Araria ====================================================== Bhupen Sardar @ Bhupendra Sardar, Son of Fuleshwar Sardar @ Tentu Sardar, R/o village- Ghoraghat , P.S. - Forbesganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 498A, 304B, 201/34 of the Indian Penal Code.

Wife of the petitioner died within one year of her marriage in her matrimonial house. Her dead body was recovered from the river side kept in a gunny bag. Suspicion is that for non-fulfillment of dowry demand and torture, murder was committed by her husband and dead body was thrown in the river. Petitioner is in custody since 23.08.2018.

Considering the presumption of dowry death against the petitioner, I am not inclined to enlarge him on bail in connection with Forbesganj Police Station Case No. 365 of

Patna High Court CR. MISC. No.8901 of 2019(4) dt.08-05-2019 2/2 2014 pending in the court of learned Chief Judicial Magistrate, Araria.

Hence, prayer for bail is refused.

Learned Trial Court is directed to expedite the trial and conclude the same preferably within one year from the date of receipt/production of a copy of this order, failing which petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Birendra Kumar, J) Rajan/- U T