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Patna High CourtCR. MISC./68404/2018dismissed

Abdul Baitha v. The State Of Bihar

2018-11-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68404 of 2018 Arising Out of PS. Case No.-331 Year-2017 Thana- LAURIA District- West Champaran ====================================================== Abdul Baitha Son Hassan Baitha @ Hasan Miyan Resident of VillageBankatwa,Police Station-Lauriya,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Lauriya P.S.Case No.331 of 2017 dated 23.11.2017 registered for offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Allegation against the petitioner is of causing dowry death and the petitioner happens to be husband.. It further appears from the FIR that when the informant went there the dead body was taken away by the accused persons and the same was disposed of.

Submission of the learned counsel for the petitioner is that the FIR has been lodged after two days of the occurrence and as a matter of fact she died due to catching hold of the fire

Patna High Court Cr.Misc. No.68404 of 2018(2) dt.30-11-2018 2/2 while she was preparing food and he has been falsely implicated in this case.

Heard learned A.P.P., who has opposed the prayer for bail stating that there is allegation of demand and the dead body was disposed of in hurried manner and the petitioner is husband. . Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. Let the trial be expedited.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T