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Patna High CourtCR. MISC./34915/2023dismissed

Krishna Tanti v. The State Of Bihar

2023-08-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34915 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Krishna Tanti S/o- Late Jawahar Tanti Resident of Village- Dihkushumbha PS- Korma Distt- Sheikhpura at present R/V.- Ghosi Kundi Ps- Kiul Distlakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard the parties.

2. The petitioner is in judicial custody in connection with Sessions Case No.273 of 2022 arising out of Kiul P.S. Case No. 72 of 2022 for the offence punishable under Section 302/34 of the Indian Penal Code.

3. As per the prosecution story, the marriage of the petitioner with the deceased took place 16 years ago but she was tortured for dowry as the couple did not had male issue. She had left her in-laws house and was staying with her parents. Two months ago, the petitioner came to take her away, the lady was not ready but after the 'PANCHAITY', she finally went to her in-laws house where on the fateful day, she was killed. Accordingly, the FIR.

Patna High Court CR. MISC. No.34915 of 2023(3) dt.28-08-2023 2/2

4. In this case, case-diary was called for by the earlier Bench on 24.06.2023 which has been received.

5. Learned APP has taken to this Court to the statement made by the daughter of the deceased lady/the petitioner herein in which she has supported the prosecution story and stated that on the fateful night, the petitioner had assaulted her mother whereafter she prepared the dinner, the daughter took it and slept. After sometime, when she awoke, found the mother lying dead on the bed. She, as such, has narrated that one Munna Tanti used to come along with his father and always threatened her mother of dire consequences.

6. Considering the kind of allegation that has come against the petitioner-husband, this is not a fit case for grant him bail. It is accordingly rejected.

7. In view of the fact that the petitioner is in custody, the trial Court is directed to expedite the trial and conclude the same preferably within a period of one year.

(Rajiv Roy, J) Mkr./- U T