Baijnath Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29474 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== BAIJNATH PANDIT Son of Surendra Pandit @ Sulendra Pandit Resident of Village- Samani, P.S.- Mahishi (Jalai O.P.), District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Maharaj, Advocate.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-12-2020 This matter has been taken up in virtual court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 302 and 304(B)/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. One year prior to the alleged occurrence, marriage was solemnized.

The case diary would reveal that other witnesses have also supported the allegation of torture for non-fulfillment of dowry demand and the post mortem report reveals that the doctor found the case of strangulation.

Considering the presumption of law against the petitioner in the circumstances aforesaid, I am not inclined to

Patna High Court CR. MISC. No.29474 of 2020(3) dt.04-12-2020 2/2 enlarge the petitioner on bail in connection with Mahishi (Jalai OP) P.S. Case No. 164 of 2019.

Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial and conclude the same within nine months failing which the petitioner would be at liberty to renew prayer for bail before the trial court itself.

(Birendra Kumar, J) mantreshwar/- U T