Patna High CourtCR. MISC./10171/2018rejected

Sujit Kumar @ Sujit Rai @ Gama Rai @ Gama v. The State Of Bihar

2018-04-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10171 of 2018 Arising Out of PS.Case No. -288 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Sujit Kumar @ Sujit Rai @ Gama Rai @ Gama, Son of Krishna Rai, Resident of Village-Gandhara Sherpur, P.S.-Maner, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Maner P.S. Case No.288 of 2017, a case under Sections 304B/201/34 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate, Danapur. Petitioner is husband of the victim of dowry death. Allegation is of demand of dowry and torture soon before her death. The dead body was disposed of without information to the police or parents of the deceased.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 27.07.2017. Investigation of the case is already complete and it has come during investigation

Patna High Court Cr.Misc. No.10171 of 2018 (3) dt.03-04-2018 P2/ that independent witness stated before the police that victim died of electrocution.

Since there is no explanation for non-information to the public authorities and non-performance of post mortem examination in case of unnatural death may be due to electrocution, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order.

(Birendra Kumar, J) Mkr./- U T