Uday Bari v. The State Of Bihar

Patna High Court Cr.Misc. No.41980 of 2015 (3) dt.03-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41980 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Uday Bari S/o Sri Shyam Bari Resident of Mohalla- Mogalpura, P.s Laherisarai,District Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar For the Opposite Party : Mr. Rajendra Singh Shastri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 20.06.2015 in a case instituted under Sections 304(B), 307, 498(A) and 326 of the Indian Penal Code in connection with Laheriasarai P.S.Case No.62 of 2014 pending in the Court of CJM, Darbhanga. As per prosecution case, it is a case of murder of married girl, namely, Seema Devi, who is aged about 25 years due to non-fulfilment of demand of dowry by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.06.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.41980 of 2015 (3) dt.03-11-2015 case. There is no allegation of tampering of evidence against the petitioner. There is no eye witness to the alleged occurrence. It is a case of suicide.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and he is the husband of the deceased and there is direct allegation against him. 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 nine months from the date of receipt/production of a copy of this order.

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