Pramod Kumar @ Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29819 of 2020 Arising Out of PS. Case No.-294 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== PRAMOD KUMAR @ PRAMOD KUMAR SINGH Son of Sri Chandrashekhar Singh Resident of Village- Dhangain, P.S.- Bikramganj, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bikramganj P.S. Case No. 294 of 2019 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2019 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. In course of investigation, the witnesses in paragraphs 38, 74 and 79

Patna High Court CR. MISC. No.29819 of 2020(3) dt.06-01-2021 2/2 of the case diary have stated that when they learnt about the fire, they went to the house, broke open the door and took out the wife of the petitioner along with her child. They were taken to hospital for treatment but they succumbed to the burn injuries. The husband of the deceased also got burn injuries while trying to save them. 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 incidence is said to have taken place in the house of the petitioner. It relates to unnatural death of the wife of this petitioner. The deceased and her son are said to have died due to burn injuries. The onus is on the petitioner to explain the cause of death of the deceased.

It is further submitted that none of the witnesses has stated on the point that deceased had caught fire. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to expedite and 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) Pankaj/- U T