Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62627 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Prakash Rai S/o Paras Rai, R/o village- Nawada Sutihar, P.S.- Derni, District- Saran at Chhapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2018 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for the offences under Sections 304B, 201/34 of the Indian Penal Code. The wife of this petitioner died within seven years of her marriage in her matrimonial house in unnatural circumstances. There is allegation of demand of dowry and torture against the petitioner and other in-laws and non-fulfillment of the same, led to death of the deceased. Other witnesses have also supported the allegation.

Submission of the learned counsel for the petitioner is that on asking for the account of the money handed over by the petitioner to his wife/victim for expenditure, the victim committed suicide.

Patna High Court Cr.Misc. No.62627 of 2017 (3) dt.19-02-2018 2/2 Considering the prima facie presumption against the petitioner who is in custody since 23.08.2017, I am not inclined to enlarge the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is rejected.

The learned trial court is directed to conclude the trial within a period of nine months, failing which, the petitioner will be at liberty to renew his prayer for bail.

(Birendra Kumar, J.) Rakhi U T