Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45352 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -BARUN District- AURANGABAD ======================================================
1. Arun Kumar Son of Vinod Kumar @ Binod Ram Resident of village - Khajuri Farm, P.S. Barun, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar No. 3 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Diary in the present case was called for, which has since been received.
The petitioner is in custody since 05.07.2015 in connection with Barun P.S. Case No. 91 of 2015, registered for offences punishable under Section 304B/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that admittedly the marriage took place two months prior to the date of occurrence. The victim girl was in love with some other person and, therefore, she did not wish to live in her matrimonial house and, hence, committed suicide.
Patna High Court Cr.Misc. No.45352 of 2015 (3) dt.09-02-2016 2/2 Learned counsel appearing on behalf of the State, however, submits that the present case is a clear case where a demand of dowry was made and due to non compliance of the said demand, the victim lady was done to death. Pointing to the several paragraphs of the case diary and also the postmortem report, learned counsel for the State submits that the postmortem report clearly indicates that the death was caused by asphyxia due to strangulation and the neck muscles bored several blood clots and red marks were also present in front of the neck. Considering the aforementioned facts and circumstances, and also the materials available on record, I am not inclined to grant regular bail to the petitioner, which is accordingly rejected. However, the Court below is directed to conduct the trial in speedy pace and conclude the same within a period of one year from today.
(Anjana Mishra, J) sunil/- U T