Patna High CourtCR. MISC./28660/2019dismissed

Mantu Yadav v. The State Of Bihar

2019-07-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28660 of 2019 Arising Out of PS. Case No.-110 Year-2016 Thana- JHAJHA District- Jamui ====================================================== Mantu Yadav Son of Fuchan Yadav Resident of Village - Mahapur, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered under Section 304B/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 06-12-2018. 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

Patna High Court CR. MISC. No.28660 of 2019(4) dt.15-07-2019 2/2 present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR. The petitioner is husband of the deceased. The onus is upon the petitioner 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. Accordingly, prayer for bail of the petitioner in connection with Jhajha P.S. Case No. 110 of 2016 is rejected.

Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner 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