Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11022 of 2018 Arising Out of PS. Case No.-86 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Niraj Kumar S/o Sri Ram Pravesh Singh, resident of village Chainpura, P.S. Naubatpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Verma For the Opposite Party/s :

Mr. RAM SUMIRAN ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naubatpur P.S. case No.86 of 2017 registered under Sections 498A, 304B/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, pending in the court of A.C.J.M. II, Danapur, Patna.

Allegation is that the accused persons including the petitioner committed murder of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2017. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.11022 of 2018(2) dt.26-02-2018 2/2 petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T