Patna High CourtCR. MISC./28192/2020rejected

Reyajuddin Ansari v. The State Of Bihar

2020-12-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28192 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- MANJHI District- Saran ====================================================== REYAJUDDIN ANSARI Son of Late Lajrat Ansari Resident of Village - Kalan, P.S.- Manjhi, District - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-12-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Manjhi P.S. Case No.254 of 2019 registered under Sections 304B and 34 of the Indian Penal Code.

The informant, the brother of the deceased, alleged that his sister was married with the petitioner in the year 2013 but thereafter, the petitioner and his family members began to demand Rs.3 lacs and a four wheeler. Due to non-fulfillment of demand of dowry, the petitioner and his family members assaulted his sister and killed her.

The learned counsel for the petitioner submits that petitioner is the husband of the deceased. No specific allegation is made against the petitioner but it appears that in a dowry case, it is very difficult to make any specific allegation of assault but

Patna High Court CR. MISC. No.28192 of 2020(4) dt.10-12-2020 2/2 from perusal of the case diary, it appears that the deceased died in the house of the petitioner and she was strangulated to death. There is specific allegation that the petitioner was demanding dowry and his wife was strangulated to death. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order.

S.P., Saran is directed to ensure the attendance of the witnesses so that the trial must be concluded within nine months.

Let a copy of this order be sent to the S.P., Saran and the trial court for information and needful.

(Prabhat Kumar Jha, J) Saurabh/- U T