Vikash Kumar @ Bikash Singh @ Bikay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15824 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== VIKASH KUMAR @ BIKASH SINGH @ BIKAY SINGH Son of Sudarshan Singh Resident of Village and P.O.- Bherwaniya, P.S.- Bhagwanpur Hat, District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B and 34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.11.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. There is no

Patna High Court CR. MISC. No.15824 of 2019(3) dt.29-04-2019 2/2 consistency in the statement of the informant. On the alleged date of occurrence, the petitioner was not present at the place of occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death of the deceased.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner in connection with Bhagwanpur Hat P.S. Case No. 141 of 2018. Prayer is rejected. The Trial Court is directed to expedite the trial within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T