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Patna High CourtCR. MISC./59583/2017rejected

Ravindra Yadav v. The State Of Bihar

2018-02-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59583 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -KATORIA District- BANKA ====================================================== Ravindra Yadav S/o Manoj Yadav, R/o Vill.- Tulsibaran, P.S.- Katoria, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Katoria P.S. Case No. 25 of 2017 corresponding to Sessions Trial No. 398 of 2017 registered for the offence punishable under Sections-304B/34 of the Indian Penal Code.

The wife of the petitioner died within two years of her marriage in her matrimonial house. Her dead body was recovered from a well.

There is allegation of demand of dowry and torture for the same.

Learned counsel for the petitioner submits that there is no eye witness of the occurrence. In fact, the petitioner had informed to the parents of deceased about the death.

Patna High Court Cr.Misc. No.59583 of 2017 (4) dt.07-02-2018 Considering the fact that a witness has also supported the allegation of demand and torture by commission of physical assault soon before death, presumption of dowry death is there against the petitioner. Hence I am not inclined to enlarge the petitioner on bail. As such, prayer for bail is refused.

The learned trial court is directed to expedite the trial and conclude the same as early as possible.

(Birendra Kumar, J) A.K.V./- U T