Patna High CourtCR. MISC./46739/2017disposed

Tarkeshwar Das v. The State Of Bihar

2017-10-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46739 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Tarkeshwar Das, S/o Sri Laxaman Das, Resident of Village-Vudhanpur, P.S.-Deoria, District-Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Deoria P.S.Case No. 51 of 2016 registered for the offences punishable under Section 304B of the Indian Penal Code.

Allegation against the petitioner is of committing dowry death and he happens to be husband of the deceased. Submission of learned counsel for the petitioner is that the deceased has committed suicide and there is suicidal note also. Further submission is that he has falsely been implicated in this case and he is in custody for three months. Further submission is that later on informant realized his mistake and he has settled the dispute and to that effect he has filed a compromise petition in court.

Patna High Court Cr.Misc. No.46739 of 2017 (2) dt.11-10-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the fact that offence is not compoundable and petitioner is husband, I am not inclined to grant bail to the petitioner.

However, learned court below is directed to see that commitment of the case is made within one month and once case has been committed learned trial court is directed to expedite the trial and try to conclude it as early as possible and petitioner shall be at liberty to renew his prayer for bail in the court below once the informant and other family members have been examined in this case and the court below will consider the same on the basis of materials available on record and pass appropriate order. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U