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Patna High Court/26686/2021bail rejected

Sikandar Kumar @ Sikandar Rai v. The State Of Bihar

2021-12-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26686 of 2021 Arising Out of PS. Case No.-730 Year-2019 Thana- MADHAURAH District- Saran ====================================================== SIKANDAR KUMAR @ SIKANDAR RAI Son of Sukdeo Rai Resident of Village Goura P.S. Marhowrah District - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Pratap Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2017. The accused persons including the petitioner herein made demand of a motorcycle by way of dowry. He also beat up the petitioner. It is stated that for dowry the daughter of the informant was done to death by the accused persons.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the deceased. The allegations are general and omnibus in nature. No

Patna High Court CR. MISC. No.26686 of 2021(3) dt.21-12-2021 2/2 overt act has been alleged against this petitioner who is in custody since 18.2.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

As per the report received contained in letter dated 13.12.2021 from the learned Additional Sessions Judge-VIII, Saran at Chapra, the case is fixed for re-examination of the Investigating Officer and the informant.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations against the petitioner and the contents of the report received from the learned Court below, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial and to conclude the same preferably within a period of six months from the date of communication of a copy of this order. (Partha Sarthy, J) Bibhash U T