Horil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33958 of 2020 Arising Out of PS. Case No.-75 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== HORIL DAS Son of Pulkit Das Resident of Village- Khatuaaha, Police Station- Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Khanpur P.S. Case No. 75 of 2019, registered for the offence punishable under Sections 201, 304B and 34 of the Indian Penal Code.

Prosecution case in brief is that daughter of the informant was done to death by the accused persons including this petitioner due to non-fulfillment of demand of dowry and also threw her dead-body in the orchard. Petitioner is husband of the deceased.

Earlier the bail application of the petitioner was rejected vide order dated 18.12.2019 by this Hon'ble Court. This is second attempt.

It is submitted on behalf of petitioner that there is

Patna High Court CR. MISC. No.33958 of 2020(4) dt.29-01-2021 2/2 general and omnibus allegation against him. Petitioner is in custody since 03.07.2019 having no criminal antecedent. However, counsel for the State vehemently opposed the bail application and submitted that petitioner is husband of the deceased and the deceased died within seven years of her marriage at her sasural. The doctor has found cause of death due to strangulation and asphyxia.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. Trial court is directed to conclude the trial as early as possible.

(Prabhat Kumar Singh, J) vinita/- U T