Pawan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24083 of 2020 Arising Out of PS. Case No.-88 Year-2017 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== PAWAN JHA Son of Om Prakash Jha @ Chulho Jha Resident of VillagePahsara, P.S.- Nawkothi, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. Petitioner is an accused in Nawkothi Police Station Case No. 88 of 2017 registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

It is stated by the informant that she had married her daughter Priti Devi with the petitioner in 2012 but after marriage petitioner and his family members started torturing her and suddenly on 15.9.2017 she got information on telephone that all the accused persons assaulted her to death. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as his wife/the victim died by sikding from the stairs. He further submits that the allegations are general and omnibus and there is no specific allegation against the petitioner in the First Information Report. Petitioner is in custody since 17.9.2017. Learned counsel for the State opposes the prayer for bail. He states that the instant case is of unnatural death of the victim at her matrimonial house which took place within five years of marriage. Petitioner happens to be the husband of the deceased and there is allegation against the petitioner and his family members that since the marriage in 2012 they were committing torture on the victim in several manners. Moreover,

Patna High Court CR. MISC. No.24083 of 2020(2) dt.18-09-2020 2/2 charge has already framed and the matter is pending for prosecution evidence.

In view of the aforesaid discussions, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail is refused.

As the petitioner is in custody for three years, let the trial be expedited.

(Prabhat Kumar Singh, J) Shashi U T