Patna High CourtCR. MISC./61300/2017rejected

Jitendra Sahani v. The State Of Bihar

2017-12-20Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61300 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Jitendra Sahani S/o Kishore Sahani, R/o Village- Parsauni, P.S.- Mohammadpur, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Mohammadpur PS Case No. 7 of 2017 (Sessions Trial No. 511 of 2017) registered under Sections 304B/34 of the IPC.

The allegation in brief is that even after solemnization of marriage on 13.7.2016 the petitioner (husband) and others used to make demand of dowry and killed by strangulating her within a year of the marriage.

Learned Counsel for the petitioner submits that the petitioner was not living in the village and was living in the State of Haryana to earn his livelihood as a labourer and in fact the deceased committed suicide in frustration because of her illicit affairs with brother-in-law. However learned Counsel appearing on behalf of the State submits that the petitioner is husband and the impugned order shows that she was killed by strangulation which is always homicidal and within a year of the marriage she was killed for dowry. Having considered the said facts and circumstances, the petitioner being the husband and allegation is that he tortured his wife who died within a year in unnatural circumstances, so the

Patna High Court Cr.Misc. No.61300 of 2017 (2) dt.20-12-2017 prayer of bail of the petitioner is rejected. The trial court is directed to expedite the trial and conclude the same within two years.

(Arun Kumar, J.) Snkumar/- U T