Krishna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50251 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- NIRMALI District- Supaul ====================================================== Krishna Mandal S/o Yadu Mandal , R/o Vill.- Ratansara , P.S.- Ghoghardiha, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha For the Opposite Party/s :

Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 304(B), 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.4.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no

Patna High Court Cr.Misc. No.50251 of 2018(2) dt.13-09-2018 2/2 substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased, hence, the onus is on him to explain the cause of death.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Court below is directed to expedite the trial. (Sudhir Singh, J) Pankaj/- U