Patna High CourtCR. MISC./29145/2019dismissed

Arjun Giri v. The State Of Bihar

2019-06-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29145 of 2019 Arising Out of PS. Case No.-230 Year-2013 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Arjun Giri Son of Late Nathuni Giri Resident of Village - Ram Kishun Rai Ke Tola, Ekderwa, P.S.- Gopalganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore (App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code. The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-05-2018. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case.

Patna High Court CR. MISC. No.29145 of 2019(3) dt.18-06-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the FIR. The petitioner is husband of the lady who is traceless till date. No information was given by the petitioner to the concerned police station regarding the alleged incident. Presumption is against the petitioner under Section-113(B) of the Evidence Act.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Siwan Muffasil P.S. Case No. 230 of 2013 is rejected.

Learned trial court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of copy of the order. (Sudhir Singh, J) A.K.V.//- U T