Patna High CourtCR. MISC./29763/2016dismissed

Anil Rai v. The State Of Bihar

2016-09-06Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29763 of 2016 (3) dt.06-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29763 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Anil Rai Son of Late Jairam Rai, Resident of Village- Kharbanwa, Balha, P.S. Barauli, Distt- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sushil Kumar, Advocate. For the Opposite Party : Mr. Sri Nityanand Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Barauli P.S. Case No. 209 of 2015 for the offences instituted under Sections 304(B) and 201/34 of the Indian Penal Code. The allegation against the petitioner is that he is the husband of the deceased and due to non-fulfillment of the demand of dowry, the daughter of the informant (deceased) was killed by the accused persons including the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.01.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.29763 of 2016 (3) dt.06-09-2016 witnesses alleged against the petitioner. The petitioner has falsely been made accused in the present case. There is no eyewitness to the alleged occurrence.

On behalf of the state, it has been submitted that the petitioner is named in the First Information Report and he is the husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Barauli P.S. Case No. 209 of 2015, pending in the court of learned Chief Judicial Magistrate, Gopalganj.

Anyhow, the trial court is directed to take all necessary steps to expedite the trial as early as possible. (Sudhir Singh, J.) Amit/- U T