Patna High CourtCR. MISC./4116/2015rejected

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

2015-05-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4116 of 2015 Arising Out of PS.Case No. -178 Year- 2013 Thana -MANER District- PATNA ====================================================== Guddu Kumar Singh @ Guddu Kumar Son of Ramayan Singh @ Bare Singh Resident of Village - Sarai, P.S. - Maner, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Bhushan Sinha For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is accused of offence punishable under section 304-B IPC. He is the husband of the deceased. According to the informant (father of the deceased) she was married to the petitioner in the year 2010. On account of non fulfilment of demand of dowry she was tortured and ultimately done to death inside the matrimonial home.

It has been submitted on behalf of the petitioner that the deceased was suffering from epilepsy and she died a normal death. On the contrary, the post mortem report suggests the cause of death due to asphyxia. It has been submitted that the petitioner is languishing in jail since 12.09.2013. It is also the contention of

Patna High Court Cr.Misc. No.4116 of 2015 (5) dt.14-05-2015 2 / 2 the petitioner that even according to the material on record the petitioner was not available inside the house when the occurrence had taken place.

Taking into account the evidence/material reflecting from the records as also the allegation this Court is not inclined to release the petitioner on bail. His prayer for bail is accordingly rejected. However, considering the fact that he is in custody for more than one and a half years, this Court grants the petitioner liberty to renew his prayer for bail in the court below itself if all material prosecution witnesses are not examined by the prosecution within one year from the date of receipt/production of a copy of this order in the court below.

(Kishore Kumar Mandal, J) HR/- U