Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42040 of 2014 Arising Out of PS.Case No. -716 Year- 2013 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dilip Kumar, Son of Yogendra Prasad, resident of village - Patwari Tola Sheikhpura Math, P.S. - Bettiah Muffasil, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2015 Heard both sides.

The petitioner seeks bail in Bettiah Muffasil P.S. Case No. 716 of 2013, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The petitioner is the husband of Abha Devi.

According to the prosecution case, the petitioner kept a woman and the deceased Abha Devi was living with her daughter in a hut situated near the house of the petitioner. Son of Abha Devi was living with his maternal uncle. The informant got information that the petitioner poisoned his sister to death.

Learned counsel for the petitioner submits that there is no evidence to show that the petitioner killed his wife. The wife

Patna High Court Cr.Misc. No.42040 of 2014 (3) dt.09-02-2015 was living separately with her daughter. The daughter has not been examined. The opinion about the cause of death is reserved awaiting the F.S.L. report.

On perusal of records it appears that the petitioner is the husband and he compelled his wife to live separately. The wife of the petitioner was living by the side of the house of the petitioner and died in a mysterious condition. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected.

However, the court below is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order, if the trial is not concluded the petitioner may renew his prayer for bail firstly before the court below.

(Prabhat Kumar Jha, J.) KKSINHA/- U T