Patna High CourtCR. MISC./7673/2015disposed

Dharmendra Sah v. The State Of Bihar

2015-03-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7673 of 2015 Arising Out of PS.Case No. -166 Year- 2005 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dharmendra Sah Son of Ramayan Sah, Resident of Village - Bhedihari, P.s. Nautan, District - West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioner and the State.

Petitioner being husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 307, 323, 342, 498A of the I.P.C and Section 3⁄4 of the Dowry Prohibition Act. Subsequently Section 304B of the I.P.C was also added.

Accusation is killing the informant by putting her on fire after two years of marriage. Though the thrust of accusation is against the mother of the petitioner. It is submitted by learned counsel for the petitioner that the victim on whose fardbeyan the First Information Report has been registered has specifically stated that petitioner was in Nepal on the alleged date of the occurrence.

Patna High Court Cr.Misc. No.7673 of 2015 (2) dt.03-03-2015 2/2 This Court is not inclined to interfere only because the case was registered in 2005. However the aforesaid facts may be considered by learned Court below while considering the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks before learned Court below and pray for regular bail in connection with Nautan P.S. Case No. 166 of 2005, pending in the Court of learned Chief Judicial Magistrate, West Champaran at Bettiah. Accordingly the application is disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T