Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28034 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -SANDESH District- BHOJPUR ======================================================

1. Gautam Kumar, son of Gopal Jee Ray, resident of Village & PostPhulari, P.S.- Sandesh, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the daughter of the informant is languishing in custody since 20.2.2016 in a case registered for the offences punishable under Sections 341,323,307 and 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. Subsequently, section 304B IPC was added.

The accusation is of killing the daughter of the informant within three years of marriage by causing burn injury for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the victim received accidental burn injury while cooking. For the incident of 29.9.2015 the fardbeyan of the informant was

Patna High Court Cr.Misc. No.28034 of 2016 (3) dt.10-08-2016 2/2 recorded in a private hospital on 30.9.2015 at 1.30 P.M. but ultimately the FIR was registered on 7.10.2015 and the investigation has already concluded.

It is submitted by the learned APP, after going through the case diary that the postmortem report reflects that the victim died due to burn injury.

Considering the thrust of accusation against the petitioner, this court is not inclined to grant bail to him in connection with Sandesh P.S. Case No. 161 of 2015 pending in the court of learned J.M. Ist Class, Bhojpur at Ara. This application is, accordingly, dismissed.

However, since the investigation has already concluded, the learned trial court is expected to expedite the trial. (Dinesh Kumar Singh, J) Anil/- U T