Patna High CourtCR. MISC./28589/2019dismissed

Om Prakash Singh @ Chittu Singh @ Chuttu Singh v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28589 of 2019 Arising Out of PS. Case No.-543 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Om Prakash Singh @ Chittu Singh @ Chuttu Singh Son of Sri Shankar Singh Resident of Village - Mani Phulkanha, P.S.- Kanti O.P. Panapur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.40 of 2019 arising out of Kanti (Panapur O.P.) P.S. case No.543 of 2018 registered under Sections 498A, 302/34 of the Indian Penal Code, pending in the court of 12th Additional Sessions Judge, Muzaffarpur.

Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2018 and has got no

Patna High Court CR. MISC. No.28589 of 2019(5) dt.26-08-2019 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T