Varun Kumar @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24382 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ======================================================
1. Varun Kumar @ Munna Kumar son of Dharmdeo Prasad resident of mohalla - Nai Bazar, Bettiah Raj Chhawani, Police Station - Bhagwan Bazar, District - Saran, Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard the parties.
This application is for grant of regular bail in connection with Bhagwan Bazra P.S.Case No.28 of 2017, registered for the offences under Sections 304B/34 of the Indian Penal Code. The petitioner is husband. The case is under Section 304 of the Indian Penal Code about commission of dowry death. It is submitted on behalf of the petitioner that as a matter of fact she committed suisicie by hanging due to some family dispute, as such the case will not come under the purview of Seciton 304B of the I.P.C.
Heard learned A.P.P., who has opposed the prayer for bail drawing my attention towards Para 21 of the case diary, in which the witnesses have supported the case of the prosecution and
Patna High Court Cr.Misc. No.24382 of 2017 (3) dt.10-07-2017 2/2 further submission is that one independent witness has also stated in para 14 of the case diary that there was some scuffle between the parties and later on she hanged herself . Having heard both sides and considering the aforesaid aspect of the matter, I am not inclined to grant bail to the petitioner, however, as the petitioner is in custody since 02.02.2017, the learned trial court is directed to expedite the trial of the petitioner.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T