Ganesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54831 of 2015 Arising Out of PS.Case No. -228 Year- 2014 Thana -NARHAT District- NAWADA ======================================================

1. Ganesh Sao son of Baleshwar Sao, Resident of Village Narhat P.S. Narhat District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B) and 201/34 of the I.P.C Manju Devi, Bhagini (niece) of the informant, was married to the petitioner on 15.05.2014 and allegedly due to non fulfillment of demand of additional dowry by way of Rs. 1,00,000/- she was being tortured and ultimately she was burnt to death and her dead body was also cremated by the petitioner and other in-laws.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner died in an accidental fire by cooking food, the petitioner

Patna High Court Cr.Misc. No.54831 of 2015 (3) dt.10-03-2016 2/2 was not present in the house at that time, every effort was made to save her but in vain, due information was given to the informant and thereafter the dead body was cremated, other co-accused have been allowed pre-arrest bail vide Cr. Misc. No. 15567 of 2015 and the petitioner is suffering in custody since 14.09.2015 having no criminal antecedent.

The learned A.P.P. opposes prayer for bail by submitting that during investigation all the witnesses have supported the allegation that the petitioner started torturing for not fulfilling the demand of dowry by way of Rs. 1,00,000/-. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Narhat P.S. Case No. 228 of 2014 pending in the court of A.C.J.M-3, Nawada.

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