Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3479 of 2018 Arising Out of PS. Case No.-82 Year-2017 Thana- PANAPUR District- Saran ====================================================== Chandan Sah, Son of Lakshman Sah, Resident of Village- Rasholi Takhta, P.S.- Panapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. ABHAY KUMAR ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.602 of 2017 arising out of Panapur P.S. case No.82 of 2017 registered under Sections 498A, 304B, 120B/34 of the Indian Penal Code, pending in the court of IInd Additional District & Sessions Judge, Saran at Chapra.

Allegation is that the accused persons including the petitioner committed murder of the daughter 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 20.06.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case has been committed to

Patna High Court Cr.Misc. No.3479 of 2018(2) dt.18-01-2018 2/2 the court of Sessions. There is no other substantive evidence to suggest the implication of the 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 conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order The District Magistrate, Saran at Chapra and the Superintendent of Police, Saran at Chapra are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Saran at Chapra and the Superintendent of Police, Saran at Chapra.

Narendra/- (Sudhir Singh, J) U T