Bindeshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16926 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== BINDESHWAR DAS S/o Asharfi Das R/o village- Yamasam, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP For the Informant :

Mr. Ratnakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/201/34 of the Indian Penal Code in connection with Pandaul P.S. Case No. 235 of 2019. The petitioner is husband of the victim of dowry death. Death took place within seven years of her marriage in her matrimonial house in unnatural circumstances and the dead body was disposed of without information to the police or its post mortem. During investigation some of the witnesses supported the allegation of demand of dowry and torture for the same before death whereas some stated to the police that for trivial family dispute the victim

Patna High Court CR. MISC. No.16926 of 2020(3) dt.28-08-2020 2/2 committed suicide.

However, disposal of dead body hurriedly without post mortem raises strong circumstance against the petitioner and presumption of dowry death is there. Hence, I am not inclined to enlarge the petitioner on bail. The prayer for bail is refused. The trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T