Patna High CourtCR. MISC./9279/2019dismissed

Uday Gope v. The State Of Bihar

2019-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9279 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- KARAI PARSURAI District- Nalanda ====================================================== Uday Gope Son of Ramji Gope @ Ramji Prasad Resident of Village and Police Station- Karai Parsurai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Nityanand For the Informant :

Mr. Mungeshwar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 304B/ 34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.8.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is dumb. The same

Patna High Court CR. MISC. No.9279 of 2019(3) dt.08-04-2019 2/2 was not liked by the wife of the petitioner. Hence, she has committed suicide.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. /complaint case. The petitioner is husband of the deceased. The onus is on him to explain the cause of death. There is no material come in course of investigation to suggest that the deceased has committed suicide.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to expedite the trial. (Sudhir Singh, J) Pankaj/- U T