Sandeep Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34439 of 2020 Arising Out of PS. Case No.-528 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Sandeep Kumar Das son of Nand Kishore Das Resident of Village- Jhitkanhi Madhuban, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Ms.Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2021 Heard Mr Nachiketa Jha, learned counsel appearing for the petitioner and Ms Sharda Kumari, A.P.P.

Petitioner seeks bail in Kanti P.S. Case no. 528 of 2019 registered under section 304B/34 of the Indian Penal Code. Informant alleged that he married his daughter with the petitioner on 18.01.2019 but immediately after marriage, husband of his daughter as well as in-laws of his daughter started demanding additional dowry. Informant further alleged that on 18.07.2019, he got information that his daughter was done to death by her husband and other in-laws. When the informant went there, he found the dead body of his daughter. There was ligature mark on the neck of his daughter and petitioner and his family members were traceless. Learned counsel for the petitioner submits that petitioner is the husband of the deceased but petitioner has never demanded any

Patna High Court CR. MISC. No.34439 of 2020(2) dt.19-01-2021 2/2 dowry nor ever tortured his wife. Wife of the petitioner was suffering from serious disease and she died. Petitioner is in jail since 29.8.2019. Petitioner has already remained in jail for more than one and half year.

It appears from perusal of the FIR itself that the deceased was strangulated to death within six months from the date of marriage with petitioner. The informant alleged that petitioner had tortured his wife.

Taking into consideration the facts, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected. The court in seisin is directed to commit the case of the petitioner to the court of sessions and trial court is directed to hold trial on day to day basis and conclude the trial within nine months from the date of receipt of this order.

S.P., Muzaffarpur is directed to ensure the attendance of the witnesses in the trial court and if trial is not concluded within nine months, petitioner may renew his prayer for bail. Let a copy of this order be sent to trial court and S.P., Muzaffarpur for information and needful.

(Prabhat Kumar Jha, J) s.hassan/- U T