Pappu Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30904 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- OBRA District- Aurangabad ====================================================== PAPPU SAO S/o Shiv Narayan Saw Resident of Village-Aranda, P.S.-Obra, District-Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bhaskar Shankar, Advocate For the State :
Mr. Ram Chandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Obra P.S. case No.128 of 2019 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of S.D.J.M., Daudnagar, District Aurangabad.
Allegation is that the accused persons including the petitioner caused death 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 27.08.2019 and has got no
Patna High Court CR. MISC. No.30904 of 2020(3) dt.02-02-2021 2/2 criminal antecedent. Charge sheet has been submitted in this case. 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 substantive evidence to suggest the implication of the petitioner in this case. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased and onus is on him to explain the cause of death of the deceased. As per the F.S.L. report, aluminium phosphide commercially known as celphos is found.
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. The F.S.L. report be returned at the earliest. (Sudhir Singh, J) Narendra/- U T