← Library
Patna High CourtCR. MISC./42740/2017dismissed

Mukesh Rai v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42740 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Rai, son of Rameshwar Rai Resident of Village- Baijnathpur, P.S. Chiraiya, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 614 of 2017, arising out of Chiraiya P.S.Case No. 218 of 2016, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is dowry death and petitioner happens to be husband of the deceased. Submission of learned counsel for the petitioner is that there is no specific allegation against him and as the lady was short tempered lady, she committed suicide and petitioner is in custody since 15.12.2016 and parties have settled the dispute outside court.

Heard learned APP also.

Patna High Court Cr.Misc. No.42740 of 2017 (3) dt.18-09-2017 2/2 Having heard both sides and in view of allegation of demand and torture and death is within seven years of marriage, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude it and once evidence of informant is concluded, the petitioner may renew his prayer for bail before the court below, who will consider the same on the basis of materials available on record and pass appropriate order. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U