Tinku Tiwary @ Tinkoo Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8244 of 2017 Arising out of P.S. Case No. - 74 Year - 2016 Thana - CHARPOKHARI District - BHOJPUR ====================================================== Tinku Tiwary @ Tinkoo Tiwary, Son of Sheojee Tiwary, Resident of Village - Maghiaon, P.S. - Charpokhari, District - Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhavesh Kumar, Advocate For the Opposite Party : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/201/120(B)/34 of the Indian Penal Code.

Petitioner is the husband of victim Rinki Devi. Victim was married with the petitioner in the year 2009. There is allegation of demand of dowry and torture for the same and on non-fulfillment, commission of dowry death and disposal of dead body hurriedly. The paternal family members, relations of the deceased have supported the allegation of demand and torture. Learned counsel for the petitioner submits that the petitioner is in custody since 27.05.2016 and the case diary would reveal that no witness of the P.O. village has been

Patna High Court Cr.Misc. No.8244 of 2017 (3) dt.07-03-2017 2/2 examined, hence, only suspicion of dowry death is there. Considering the fact that the victim died within seven years of marriage in her maternal house and her dead body was disposed of without information to the police or her parents as well as the allegation of demand of dowry and torture for the same before her death, I am not inclined to grant bail to the petitioner in connection with Charpokhari Police Station Case No. 74 of 2016 pending in the Court of learned Additional Chief Judicial Magistrate 2nd, Bhojpur, Ara.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial.

The petitioner may renew his prayer for bail if the trial is not concluded within nine months from the date of receipt of a copy of this order.

Kundan (Birendra Kumar, J) U T