Ramswak @ Munna Sharma @ Ramsewak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17545 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- DUMARIYA District- Gaya ====================================================== RAMSWAK @ MUNNA SHARMA @ RAMSEWAK Son of Late Rajendra Vishwakarma R/v- Adarchak Pachrukhiya, P.S.- Dumariya, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for grant of regular bail in connection with Dumariya P.S. Case No. 35 of 2022 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.
As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of additional dowry demand and ultimately she was done to death by administering poison.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has never demanded any
Patna High Court CR. MISC. No.17545 of 2023(7) dt.11-12-2023 2/2 pie from the deceased or from her parents. In fact, she herself committed suicide by consuming poison. Petitioner has got no criminal antecedent and languishing in judicial custody since 2.6.2022.
Learned APP appearing for the State has opposed the prayer of Bail and submitted that deceased died within seven years of marriage at her matrimonial home. During investigation, several witnesses have supported the prosecution story. As per FSL report, Aluminum Phosphide was detected which is a highly possessions substance. FSL report, corroborates the prosecution story.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite and conclude the trial within nine months, failing which the petitioner will be at liberty to renew his prayer for bail.
(Sunil Kumar Panwar, J) sushma/- U