Patna High CourtCR. MISC./55910/2015dismissed

Ajay Kumar v. The State Of Bihar

2016-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55910 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ====================================================== Ajay Kumar Son of Kishori Prasad, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner being the husband of the niece of the informant is languishing in custody since 04.08.2015 in a case registered for the offences punishable under section 498A/304B/201 of the Indian Penal Code in connection with Aungari P.S. Case No.27/2014, pending before the learned ACJM, Hilsa, Nalanda.

Prosecution case is that the informant's niece Nisha Kumari was married with the petitioner on 09.07.2011 but she was killed on 10.03.2014 for non-fulfillment of dowry demand and information was not given to the victim's family. It is submitted by learned counsel for the petitioner that victim was mentally abrased, hence, she committed suicide

Patna High Court Cr.Misc. No.55910 of 2015 (3) dt.22-01-2016 2/2 and the accusation of demand of dowry after three years of marriage appears to be unreasonable. During investigation, this fact transpired that the petitioner talked to the victim's family on the alleged date of occurrence. Moreover, the investigation has already concluded.

Considering the thrust of accusation against the petitioner, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected.

However, if the trial will not be concluded within a period of one year, the petitioner would be at liberty to renew the prayer for bail.

(Dinesh Kumar Singh, J) Ashwini/- U T