Patna High CourtCR. MISC./24416/2019dismissed

Ravi Ranjan Kumar @ Ravi Ranjan Kumar Yadav v. The State Of Bihar

2019-04-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24416 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== RAVI RANJAN KUMAR @ RAVI RANJAN KUMAR YADAV Son of Upendra Rai Resident of Village- Narha Kala, P.S.- Bajpatti, DistrictSitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikramdeo Singh, Mrs. Madhubala Verma For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.8.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no eye witness to the

Patna High Court CR. MISC. No.24416 of 2019(3) dt.30-04-2019 2/2 alleged occurrence. There is no demand of dowry, hence, no offence under Section 304B IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death of the deceased. The post-mortem report supports the allegations made in the F.I.R.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner in connection with Bajpatti P.S. Case No. 141/2018. Prayer is rejected. The Trial Court is directed to expedite the trial within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T