Patna High CourtCR. MISC./29763/2019dismissed

Chandan Mahto v. The State Of Bihar

2019-07-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29763 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== CHANDAN MAHTO Son of Nanhak Mahto Resident of Village - Ram Nagar, P.S.- Chapra Muffasil, Dist. Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.9.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no eye witness to the

Patna High Court CR. MISC. No.29763 of 2019(3) dt.03-07-2019 2/2 alleged occurrence. There is no substantive evidence to suggest his implication in the present case.

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

Considering the nature of allegation, I am not inclined to grant bail to the petitioner in connection with Chapra Muffasil P.S. Case No. 279/2018. Prayer is rejected. The Trial Court is directed to expedite the trial within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T