Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41672 of 2017 Arising Out of PS.Case No. -213 Year- 2009 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Sudhir Singh, Son of Late Sonu Singh, Resident of village- Yashoda Math, P.S.- Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha, Adv. For the Opposite Party/s : Mr. Sri Manish Kumar-2, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 28.04.2017 in connection with Kanti P.S. Case No. 213 of 2009 for offences punishable under Section 304-B of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his sister Rita Singh was married six years back with the petitioner and was tortured and ultimately killed for demand of dowry of Rs. 1,00,000/- and motorcycle and the dead body disposed of.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.41672 of 2017 (3) dt.06-11-2017 2/2 been falsely implicated in the aforesaid case. He submits that no such offence has been committed by him and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner along with the in-laws have killed and disposed of the dead body without their knowledge and the case is of the year 2009 the petitioner has evaded arrest since last eight years and unnecessarily delayed the trial.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Kanti P.S. Case No.213 of 2009 pending in the court of learned Sub Divisional Judicial Magistrate (West), Muzaffarpur.

The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T