Shankar Ram @ Shankar Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22509 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Shankar Ram @ Shankar Kumar Ram Son Of Late Jhamoli Ram @ Kaneli Ram R/O Jagta Khursali, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for bail in connection with Raniganj P.S. Case No. 286 of 2022 instituted for the offence under Sections 328, 304(B) and 34 of the Indian Penal Code. It is case of dowry death of the informant's sister due to non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. The petitioner has neither demanded any dowry demand nor committed any cruelty with the deceased. It is further submitted that during investigation, charge sheet has been submitted under Sections 306 and 34 of the IPC not under Section 304B of the IPC. A statement has been made in para-3 of this petition that

Patna High Court CR. MISC. No.22509 of 2023(4) dt.04-10-2023 2/2 the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.12.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is the husband of the deceased and he had full responsibility to keep his wife with dignity and honour which he did not do so. During investigation, witness supported the prosecution case and also from perusal of the FSL Report, Aluminium Phosphide commercially known as CELPHOS has been detected in the body of the deceased.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same within six months, failing which, the petitioner will be at liberty to renew his prayer for bail application.

(Sunil Kumar Panwar, J) shubham/- U T