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Patna High CourtCR. MISC./32826/2015rejected

Mohit Ram v. The State Of Bihar

2016-01-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32826 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mohit Ram son of Rampati Ram Resident of village- Harpur,Post OfficeMeghwal Mathiya Police Station Ramnagar, district West Champaran(Bettiah) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B) and 201/34 of the I.P.C Lalsa Devi, daughter of the informant, was married with the petitioner three years ago and due to non fulfillment of demand of dowry by way of Rs. 15,000/- and further to perform marriage of younger sister with Asharfi Ram the petitioner and other in-laws burnt her to death.

Submission is of false implication and that there is no specific allegation and the allegations are omnibus and general in nature. The petitioner was living out side the State to earn his

Patna High Court Cr.Misc. No.32826 of 2015 (5) dt.05-01-2016 2/2 livelihood and as such he deserves sympathetic consideration as charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. seriously opposes prayer for bail by submitting that all the witnesses during investigation have supported the prosecution version that the petitioner and others burnt the daughter of the informant.

In the facts and circumstances as stated above, considering that all the witnesses during investigation have supported the prosecution version and the petitioner being husband is solely responsible and the death has been caused just after three years of marriage and as such this Court is not inclined to release the petitioner on bail and accordingly his such prayer stands rejected in connection with Ramnagar P.S. Case No. 152 of 2014 pending in the court of S.D.J.M. Bagaha, West Champaran (Bettiah).

However, considering detention of the petitioner the trial court is directed to expedite the trial and to conclude the same preferably within nine months.

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