Mithilesh Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.34863 of 2017 (2) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34863 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Mithilesh Bhagat Son of Late Rajinder Bhagat Resident of Village- Harpur Tegrahi Police Station- Mahammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner.

The petitioner seeks bail in connection with Mahammadpur P.S. Case No. 20 of 2016 registered for the offences punishable under section 304(B), 201, 120(B) of the Indian Penal Code.

Allegation against the petitioner is of dowry death. Learned counsel for the petitioner submitted that there is no independent witness of the occurrence and the deceased died due to illness and she was hospitalized for her treatment and also he has informed the family members of the deceased. The petitioner has been in custody for about 7 months. Heard learned A.P.P. He has opposed the prayer for bail on the ground that the deceased died within seven years of

Patna High Court Cr.Misc. No.34863 of 2017 (2) dt.03-08-2017 marriage and there is allegation that the petitioner used to torture her for demand of motorcycle in dowry. He stated that the parents of the deceased lady was not informed about her death. Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. However, considering the submission that he is in custody for about seven months and further two witnesses not examined according to the petitioner, they are hostile as such, learned Additional District and Sessions Judge-V, Gopalganj is directed to conclude the trial of the petitioner within a period of six months.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) veena/- U T