Patna High CourtCR. MISC./58259/2017rejected

Salamat Ansari @ Raju Ansari v. The State Of Bihar

2018-01-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58259 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Salamat Ansari @ Raju Ansari, Son of Rahamtullah Ansari, Resident of Village- Paharpur Toai, Police Station- Desari, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Desari P.S. Case No. 14 of 2017 a case under Section 304(B)/34 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate-II, Vaishali at Hajipur.

Petitioner is husband of the Nuraisha Khatoon whose death was allegedly caused due to non-fulfillment of dowry demand within seven years of marriage in un-natural circumstances. Submission of learned counsel for the petitioner is that since the victim was cooking food, she caught fire and the death was accidental one. The petitioner is in custody since 04.08.2017. Learned counsel for the State drew attention to the

Patna High Court Cr.Misc. No.58259 of 2017 (3) dt.08-01-2018 2/2 Court to the statements of different witness before the police regarding demand of dowry.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order.

(Birendra Kumar, J) sushma/- U T