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Patna High CourtCR. MISC./10536/2019bail rejected

Kaushal Kumar v. The State Of Bihar

2019-06-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10536 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BEN P.S. District- Nalanda ====================================================== KAUSHAL KUMAR Son of Ram Kishore Prasad @ Gurudev Prasad. Resident of Village - Khaira, P.S.- Ben, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection Ben Police Station Case No.75 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge-II, Biharsharif, Nalanda.

Petitioner is husband of the victim of dowry death. The death of the wife of the petitioner took place in unnatural circumstances in her matrimonial house within few years of her marriage. There is allegation of demand of dowry and torture for the same before death. The witnesses have also supported the allegation of demand of dowry and torture.

Submission is that petitioner is in custody since

Patna High Court CR. MISC. No.10536 of 2019(4) dt.21-06-2019 2/2 13.08.2018. Due to some family trivial dispute, the victim committed suicide and her dead body was found hanging with the ceiling of the fan.

Considering the presumption against the petitioner and the facts and circumstances of the case, I am not inclined to enlarge the petitioner, above named, on bail. Hence, prayer is refused.

The learned trial court is directed to expedite the trial and conclude the same preferably within one year. (Birendra Kumar, J) abhishek/- U T