Raju Bharti @ Jhunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15562 of 2019 Arising Out of PS. Case No.-43 Year-2016 Thana- KACCHWA District- Rohtas ====================================================== RAJU BHARTI @ JHUNNA Son of Late Ramchandra Sah Resident of village-Khiriyav, P.S.-Kachhawa, District-Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2019 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 341, 323, 304B and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

This is second attempt on behalf of the petitioner for grant of bail. The earlier bail application of the petitioner was rejected taking into account that the petitioner is husband of the deceased. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.4.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present

Patna High Court CR. MISC. No.15562 of 2019(3) dt.10-04-2019 2/2 case. The petitioner has falsely been implicated in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death. Considering the nature of allegation, 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 conclude the trial within a period of 9 months preferably on day to day basis from the date of receipt/production of a copy of this order.

The District Magistrate, Rohtas at Sasaram and the Superintendent of Police, Rohtas at Sasaram are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Rohtas at Sasaram the Superintendent of Police, Rohtas at Sasaram . (Sudhir Singh, J) Pankaj/- U T