Patna High CourtCR. MISC./35075/2016dismissed

Bikki Kumar v. The State Of Bihar

2016-10-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35075 of 2016 Arising Out of PS.Case No. -150 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Bikki Kumar aged about 25 years son of Shankar Rai resident of VillageGagadhar Chak, Gola Road, P.S. Danapur, District Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumari Sujata Sinha For the Opposite Party : Mr. Manoj Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 304(B)/34 of the Indian Penal Code.

The allegation against the petitioner is of committing murder of the sister of the informant due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. 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 eyewitness to the

Patna High Court Cr.Misc. No.35075 of 2016 (3) dt.19-10-2016 2/2 alleged occurrence.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. He is husband of the deceased. The onus is on him to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Danapur P.S. Case No. 150 of 2015, pending in the court of learned A.C.J.M., Danapur.

Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of this order. (Sudhir Singh, J.) Amit/- U T