Patna High CourtCR. MISC./58523/2017rejected

Sahdeo Mandal v. The State Of Bihar

2018-01-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58523 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Sahdeo Mandal S/o Late Ram Bilash Mandal, R/o Village- Pirgaura, P.S.- Lakhisarai, Dist.- Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Raju, Adv. For the Opposite Party/s : Mr. Sri Amitesh Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is husband of the victim. There is allegation of commission of dowry death and torture for non-fulfillment of dowry demand soon before death. Other parental members of the family of the deceased have supported the allegation of demand of dowry and torture for the same.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 28.08.2017. During investigation, some witnesses have stated before the police that the victim caught fire while she

Patna High Court Cr.Misc. No.58523 of 2017 (4) dt.18-01-2018 was cooking food, as a result whereof, she died. Learned counsel for the petitioner further submits that the parties have entered into a compromise. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, prayer is refused. The learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order.

Accordingly, the application is rejected in connection with Lakhisarai P.S.Case No.14 of 2017 pending before the court of learned Chief Judicial Magistrate, Lakhisarai.

(Birendra Kumar, J) Nitesh/- U T