Patna High CourtCR. MISC./33541/2017dismissed

Deepak Rai v. The State Of Bihar

2017-08-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33541 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Deepak Rai, son of Harendra Rai, resident of Village Baksama, P.S. Goraul (Kathara O.P.O), District - Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Kumar, Advocate For the Informant ; Mr. M.C. Gandhi, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Goraul (Kathara O.P.) P.S.Case No. 79 of 2016 registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner is husband and the case is under Section 304B IPC.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and deceased has died in course of treatment and before cremation he has informed her family members also and he is in custody for six months. Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that

Patna High Court Cr.Misc. No.33541 of 2017 (3) dt.04-08-2017 2/2 nothing has come on the record that during treatment she has died and two independent witnesses have supported the prosecution case that deceased died due to torture and demand. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

As the petitioner is in custody for the last six months, learned trial court is directed to expedite the trial and try to conclude it within nine months.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U