Dukhharan Mahto @ Dukharan Mahto @ Dakharan Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.40625 of 2015 (3) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40625 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Dukhharan Mahto @ Dukharan Mahto @ Dakharan Mahto Son of Sitaram Mahto resident of Village - Dadari, P.S. - Nanpur, District - Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Hans Lal Kumar For the Opposite Party : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 20.04.2015 in a case instituted under Sections 498(A) and 304(B)/34 of the Indian Penal Code in connection with Nanpur P.S.Case No.24 of 2015 pending in the Court of Sub Divisional Judicial Magistrate, Pupri at Sitamarhi.

As per allegation, it is a case of murder of informant's married daughter by the in-laws' family due to non-fulfilment of dowry demand.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal

Patna High Court Cr.Misc. No.40625 of 2015 (3) dt.27-10-2015 antecedent. Petitioner has falsely been implicated in the present case due to mistake of fact. There is no allegation of tampering of evidence against the petitioner. Petitioner is the husband of the deceased. There is no eye witness to the occurrence. On behalf of the State, it has been submitted that the main allegation is against the husband of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

Anyhow, the trial court is directed to take all necessary steps to expedite the trial and conclude the same preferably within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) B.Kr./- U T