Ashish Kumar Sah @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15553 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- DURAULI District- Siwan ====================================================== Ashish Kumar Sah @ Ashish Kumar S/O Yogendra Sah Resident Of VillageMalpurwa, P.S.-Darauli, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Darauli P.S. Case No. 126 of 2022 instituted for the offence under Sections 304(B) and 34 of the Indian Penal Code. It is a case of dowry death due to non-fulfillment of the dowry demand and this petitioner is said to be the husband of the deceased.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted from para-7 of this petition that the deceased had committed suicide. It is also submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is

Patna High Court CR. MISC. No.15553 of 2023(4) dt.07-08-2023 2/2 languishing in judicial custody since 08.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the death of deceased was caused within seven years of marriage and from perusal of the FSL Report which is also supported the prosecution version as the CELPHOS has been detected in the FSL report which is highly poisonous. It is also submitted that petitioner being the husband of the deceased, had full responsibility to keep his wife well with dignity and honour which he did not do so. 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 the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) shubham/- U T