Ashok Kumar Sada @ Ashok Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27049 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -KARJAIN District- SUPAUL ======================================================

1. Ashok Kumar Sada @ Ashok Sada son of Bindi Sada @ Bindeshwari Sada resident of village - Motipur, P.S. - Karjain, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B)/34 of the I.P.C The petitioner was married with Ramita Devi, the daughter of the informant, in the year 2009 and due to non fulfillment of demand of cash of Rs. 2,00,000/- and motorcycle she was threatened to be killed and ultimately the petitioner informed the informant that Ramita Devi has been burnt and she is being brought for treatment at Madhepura but again informed that she is being taken to Darbhanga and again informed that she has been brought at the house and when the informant went there the house was found locked and the petitioner fled away. Submission is of false implication and that the

Patna High Court Cr.Misc. No.27049 of 2015 (4) dt.13-10-2015 2/2 deceased died due to burst of stove. The petitioner without any fault suffering in custody since 28.09.2014. Charge sheet has already been submitted without any legal and cogent evidence and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for bail by submitting that the petitioner is the husband and within seven years of marriage unnatural death has occurred and there is allegation of demanding dowry by way of cash and motorcycle.

In the facts and circumstances as stated above, considering the position of the petitioner that he is the husband and further considering that in paragraph-6 of the case diary witness Bhagwat Sah has stated that in between the deceased and the petitioner always quarrel was going on and the petitioner after boarding the dead body on ambulance fled away and further noticing that there is allegation for demanding cash and motorcycle and as such this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Karjain P.S. Case No. 65 of 2014 pending in the court of Shri Ashutosh Kumar Ray, J.M. 1st Class, Birpur, District- Supaul.

(Jitendra Mohan Sharma, J) Abhay/- U T