Mithilesh Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.18064 of 2016 (4) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18064 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. Mithilesh Thakur son of Raju Thakur, resident of Village- Dahiyari, P.S.- Sono, Dist- Jamui..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sono P.S. Case No. 167 of 2015 registered for the offences punishable under Sections 304B, 201 of the Indian Penal Code. Kajal Kumari, the daughter of the informant, was married to the petitioner in the year 2014 and allegedly, the petitioner used to demand motorcycle and due to non-fulfillment he used to torture and assault his wife and that information was given by Kajal Kumari to her father and ultimately she was killed and her dead body was thrown in a well near the village. Submission is of false implication and that the petitioner never demanded anything, there was cordial relation between the petitioner and his wife, chargesheet has already been submitted

Patna High Court Cr.Misc. No.18064 of 2016 (4) dt.27-06-2016 and there is no chance of tampering with the prosecution evidence, the petitioner is suffering in custody since 19.10.2015 and as such the petitioner deserves sympathetic consideration to which the learned APP opposes by submitting that the witnesses have supported the prosecution version and further during post mortem examination external injuries were found on the person of the deceased and cause of death was found asphyxia due to strangulation.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) avin/- U T