Krishna Kharwar @ Bikash Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17039 of 2019 Arising Out of PS. Case No.-147 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== Krishna Kharwar @ Bikash Kharwar Son of Radheshyam Kharwar Resident of Village- Ghusari, P.S.- Dhanha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. R. S. Sahay, Mr.Arvind Kumar For the informant :

Mr.Vijay Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 304(B), 201, 120(B)/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-07-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the

Patna High Court CR. MISC. No.17039 of 2019(4) dt.01-08-2019 2/2 alleged occurrence.

On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner is husband of the deceased. The onus is upon the petitioner to explain the cause of death of the deceased. The deceased is said to have died due to burn injury. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Dhanha P.S. Case No. 147 of 2018 is rejected.

The trial court is directed to take all necessary steps to expedite the trial and conclude the same, preferably within a period of nine months from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T