Chandan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.234 of 2019 Arising Out of PS. Case No.-10 Year-2018 Thana- ATRI District- Gaya ====================================================== Chandan Das, son of Indradeo Das, resident of Vill-Mohamadpur, P.S-Atri, Distt.-Gaya.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar Sinha For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 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, 201/34 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 9.4.2018 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. The petitioner is named in
Patna High Court CR. MISC. No.234 of 2019(7) dt.07-05-2019 2/2 the F.I.R. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest his implication in the present case.
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.
Considering the nature of allegation, I am not inclined to grant bail to the petitioner in connection with Atri P.S. Case No. 10/2018. Prayer is rejected. The Trial Court is directed to expedite the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T