Patna High CourtCR. MISC./15218/2023dismissed

Mukesh Rishideo v. The State Of Bihar

2023-05-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15218 of 2023 Arising Out of PS. Case No.-296 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== MUKESH RISHIDEO S/O SHIO NARAYAN RISHIDEO R/V- Belari, Ward No.-5, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-304(B), 201, 34 of the Indian Penal Code. Allegation against the accused persons including the petitioner is of committing torture and causing death of the victim due to non-fulfillment of demand of dowry. It has been submitted that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-09-2022. He has remained in custody for more than seven months. Charge sheet has already been submitted in this case. The trial is not likely to be concluded in near future. There is no eye witness to the alleged occurrence. On the date of

Patna High Court CR. MISC. No.15218 of 2023(2) dt.01-05-2023 2/2 occurrence, the petitioner was not present there. On behalf of the State, it is submitted that the petitioner is named in the FIR. The petitioner is husband of the deceased. The onus is upon the petitioner to explain the cause of death of his wife (deceased).

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Kumarkhand P.S. Case No. 296 of 2020 is rejected.

The trial court is directed to take all necessary steps to expedite the trial and conclude the same at the earliest. (Sudhir Singh, J) A.K.V.//- U T