Banti Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.41817 of 2015 (3) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41817 of 2015 Arising Out of PS.Case No. -360 Year- 2014 Thana -ALAMGANJ District- PATNA ====================================================== Banti Kumar Son of Birendra Sao resident of Mohalla - Jai Hind Gali, Police Station - Alamganj, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gajanan Mishra, Advocate. For the Opposite Party : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 10.11.2014 in a case instituted under Sections 304(B)/34 of the Indian Penal Code in connection with Alamganj P.S.Case No.360 of 2014 pending in the Court of Additional Sessions Judge-IV, Patna City, Patna.

As per prosecution case, it is a case of murder of informant's married daughter, namely, Swati Kumari due to nonfulfilment of demand of dowry by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.11.2014. Chargesheet has been submitted in the case. Petitioner has got no criminal

Patna High Court Cr.Misc. No.41817 of 2015 (3) dt.02-11-2015 antecedent. There is no specific allegation against the petitioner. From perusal of the FIR itself, it is evident that it is a case of suicide. The same is supported from perusal of the postmortem report.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and he is the husband of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

Anyhow, the trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of the copy of the order.

(Sudhir Singh, J) B.Kr./- U T