Jai Ram Sah @ Jai Ram Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30579 of 2018 Arising Out of PS. Case No.-344 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Jai Ram Sah @ Jai Ram Sahu S/o Kari Sah @ Kari Sahu, R/o Mohalla/Vill.- Baigani, P.S.- Bahera, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A, 341, 324, 379,/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act in which sections 307, 304B, 302 and 120B IPC were added at later stage.

Allegation against the petitioner is of committing torture and assault and thereafter committed murder of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.3.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court Cr.Misc. No.30579 of 2018(4) dt.18-07-2018 2/2 submitted in the present case. The petitioner has been made accused due to mistake of fact. There is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is on him to explain the cause of death. Considering the above, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the case. (Sudhir Singh, J) Pankaj/- U T