Patna High CourtCR. MISC./22917/2017dismissed

Braj Bhushan Ojha v. State Of Bihar And ANR

2017-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22917 of 2017 Arising Out of PS.Case No. -310 Year- 2012 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Braj Bhushan Ojha, son of Late Chottu Ojha, resident of VillageBasantpur Patti, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramesh Mishra, son of Sri Kant Mishra, resident of Village- Pakari Basarat, P.S.- Sahebganj, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 This application is for grant of regular bail in connection with Saraiya P.S.Case No.310 of 2012 for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The case is under Section 304(B) of the Indian Penal Code. The allegation against the petitioner is of dowry death. Submission of the learned counsel for the petitioner is that the present case is false and concocted, which will appear from the fact that the independent witnesses have not stated before the police that there was dispute between the husband and wife in the evening and thereafter death of the deceased occurred and the petitioner along with other persons cremated her dead-body.

Patna High Court Cr.Misc. No.22917 of 2017 (4) dt.17-07-2017 2/2 It is further submitted that the father and mother of the petitioner and others, as above, have been falsely implicated in this case and the case has not been found true against them. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the death occurred inside the house of the petitioner and without informing the family members of the deceased, they cremated her dead-body, as such, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of one year. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U