Patna High CourtCR. MISC./34957/2015dismissed

Rakesh Kumar Singh v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34957 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -RIGA District- SITAMARHI ======================================================

1. Rakesh Kumar Singh S/o Dineshwar Singh R/o Village - Rampur, P.S. - Riga, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Archana Meenakshee For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in Riga P.S. Case No. 70 of 2014 registered under Sections 302,201,34 of the Indian Penal Code, pending in the Court of learned C.J.M., Sitamarhi. The allegation against the petitioner is that the petitioner and other accused persons committed the murder of the daughter of the informant and concealed, Amit kumar, son of the deceased somewhere as the petitioner along with other accused was demanding dowry from the deceased and her family. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 5.2.2015. Charge sheet has been submitted in this

Patna High Court Cr.Misc. No.34957 of 2015 (3) dt.06-10-2015 2/2 case. There is no direct allegation against the petitioner. Merely, on the basis of suspicion the petitioner has been made accused in the present case. It is further submitted that the matter has been compromised between the parties.

On behalf of the State, it has been submitted that the petitioner is named in the FIR. From perusal of case diary it appears that the burnt body of the deceased was found in the house of the petitioner for which no explanation has been made by the petitioner. The petitioner is the husband of the deceased and presumption is against him.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and same is rejected.

Any how, the trial court is directed to take all necessary steps to conclude the trial within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) singh/- U T