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Patna High CourtCR. MISC./10130/2019rejected

Ram Babu Das v. The State Of Bihar

2019-04-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10130 of 2019 Arising Out of PS. Case No.-83 Year-2016 Thana- TEGHRHA District- Begusarai ====================================================== Ram Babu Das Son of Arjun Das Resident of Village- Bajalpura, P.S.- Teghra, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act in connection with Teghra P.S. Case No. 83 of 2016. Wife of the petitioner died within two years of her marriage in her matrimonial house in unnatural circumstances by burn injury. Allegation is of demand of dowry and torture for non-fulfillment of the same. Other witnesses have also supported the allegation of demand of dowry and torture. Learned counsel for the petitioner submits that it is highly unbelievable that after birth of a male child dowry would be demanded. Petitioner is in custody since 03.08.2018.

Patna High Court CR. MISC. No.10130 of 2019(4) dt.11-04-2019 2/2 Petitioner is ready to co-operate with the trial. Considering the presumption of law against the petitioner, I am not inclined to enlarge him on bail for the present. Hence, his prayer for bail is refused. However, the trial court is directed to expedite the trial and conclude the same preferably within 9 months, failing which petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Birendra Kumar, J) Banti/Rajan U T