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Patna High CourtCR. MISC./26750/2019rejected

Sanjay Sah v. The State Of Bihar

2019-08-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26750 of 2019 Arising Out of PS. Case No.-185 Year-2014 Thana- KHAIRA District- Jamui ====================================================== Sanjay Sah Son of Rameshwar Sah Resident of Village - Barwadih Gadhi, P.S.- Khaira, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed this application for grant of bail in connection with Khaira P.S. Case No. 185 of 2014 registered for the offence punishable under Sections 304-B and 34 of the Indian Penal Code.

As per FIR, it is alleged that daughter of the informant, who was married to this petitioner about 2 1⁄2 years back, was poisoned to death by the accused persons including this petitioner on 26.09.2014 for non-fulfillment of demand of Rs. 2,00,000/- (Rs. Two lac) which was demanded one year back by the petitioner.

It is submitted by learned counsel for the petitioner that allegations of demand of dowry etc. are false. From the FIR

Patna High Court CR. MISC. No.26750 of 2019(6) dt.14-08-2019 2/2 itself it would transpire that information was given to the informant about the unfortunate death of her daughter. The petitioner is in custody since 14.11.2018. On query by the Court it is submitted by the learned counsel for the petitioner that charge has been framed in the case.

Having heard the learned counsel for the parties and taking into consideration that petitioner is husband of the deceased and the deceased is said to have died under un-natural circumstances within three years of her marriage and the allegations in the FIR are against the petitioner, this court is not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

The court below is directed to expedite the trial and to conclude the same at the earliest.

(Partha Sarthy, J) sushma/- U T