Ranjeet Kumar @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8386 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- TEKARI District- Gaya ====================================================== RANJEET KUMAR @ RANJIT KUMAR Son of Mukesh Kumar Resident of Village - Mau, P.S.- Tekari (Mau O.P.), District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Gangesh Gunjan For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498(A), 304(B), 34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The date of occurrence is said to

Patna High Court CR. MISC. No.8386 of 2019(3) dt.08-04-2019 2/2 be 28.3.2017. For the said occurrence, a U.D. Case was instituted. Thereafter, a complaint case was filed on 14.11.2017 on the basis of which an F.I.R. was drawn under section 156(3) of the Cr.P.C. The delay has not been explained on behalf of the prosecution. The prosecution has not come with clean hand. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is alleged to be husband, hence, the onus is on him to explain the cause of death.

Considering the nature of nature of allegation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to conclude the trial at the earliest. (Sudhir Singh, J) Pankaj/- U T