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Patna High CourtCR. MISC./77100/2018bail rejected

Sanjeev Baitha @ Sanjeev Baith @ Banti v. The State Of Bihar

2019-03-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77100 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- PARSA District- Saran ====================================================== Sanjeev Baitha @ Sanjeev Baith @ Banti, S/o Sri Nagendra Baitha, R/o Village-Narayanpur, P.S. Parsa, Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar -2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Parsa P.S. Case No. 163 of 2018, instituted for the offence under Section(s) 304-B, 302 and 201/34 of Indian Penal Code.

Petitioner is husband of the deceased.

It is alleged in the written report that sister of the informant was married with petitioner. She was tortured in her sasural for demand of dowry. The informant received telephonic message from village of his sister that she was murdered in her sasural by strangulation and accused persons are burning the dead body in forest. On such information, the informant along with other villagers reached the place of occurrence and found the accused persons burning the dead body of his sister.

Patna High Court CR. MISC. No.77100 of 2018(3) dt.07-03-2019 2/2 Case diary has been received.

Learned A.P.P. after looking into the case diary submits that it has come in the case diary that Police has recovered partly burnt dead body of the deceased which was sent to PMCH for post mortem.

Counsel for the petitioner submits that petitioner was traveling and on the date of occurrence, he reached the village. From the case diary it appears that on the same date, he was found attempting to dispose of the dead body of the deceased without giving any information to her family members. Such conduct of petitioner creates serious doubt about the defence of the accused.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer of the petitioner for grant of bail stands rejected.

The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T