Sunny Kumar Saw @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9400 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Sunny Kumar Saw @ Sunny Kumar S/o Bhama Saw Village-Bhaisari Tola, P.S-Malsalami,Distt.-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Malsalami P.S. case No.260 of 2018, G.R. No.3420 of 2018 registered under Sections 304B, 302, 328/34 of the Indian Penal Code, pending in the court of A.C.J.M. Ivth, Patna City, Patna.

Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.07.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. There is no other substantive evidence to suggest the implication of

Patna High Court CR. MISC. No.9400 of 2019(4) dt.09-04-2019 2/2 the petitioner in the present case.

On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him 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. The same is rejected. The Trial Court 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 a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Narendra/- U T