Gabbar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26021 of 2019 Arising Out of PS. Case No.-327 Year-2016 Thana- BELHAR District- Banka ====================================================== GABBAR SINGH Son of Bijay Singh Resident of Village Sautadih P.S.- Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Belhar P.S. Case No. 327 of 2016, instituted for the offence under Section(s) 304(B)/34 of the Indian Penal Code.

It is alleged in the written report that niece of the informant was married with the petitioner. She was tortured in her sasural for demand of dowry. It is further alleged that on 11.10.2016, she was brutally assaulted by the petitioner and his other family members. Thereafter, the petitioner took the niece of the informant (since deceased) and boarded her in bus which was going from Tarapur to Kharagpur and fled away. She was got down by owner of vehcile in village Kaithi. The villager admitted her in Hospital in the morning of 12.10.2016 at Kharagpur Primary Healtlh Center, where she died during course of treatment.

Counsel for the State submits that grand-mother of the

Patna High Court CR. MISC. No.26021 of 2019(5) dt.02-08-2019 2/2 deceased has given statement before the Police. She has levelled specific allegation against the petitioner that he had brutally assaulted the deceased due to non-fulfillment of demand of dowry. The Sessions Judge has mentioned in the impugned order that in paragraphs 6, 11, 12, 15, 16 and 17 there is sufficient material against the petitioner showing involvement in the alleged occurrence. Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer for bail for the petitioner stands rejected. The trial court is directed to expedite the trial and make efforts to conclude the trial as early as possible preferably within a period of nine months from the date of receipt of copy of this order. Petitioner may renew his prayer for bail after nine months in the event the trial is not concluded within aforesaid period. S.Ali/- (Sanjay Priya, J) U T