Patna High CourtCR. MISC./33046/2016dismissed

Dilip Sah @ Dilip Kumar v. The State Of Bihar

2016-09-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33046 of 2016 Arising Out of PS.Case No. -198 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Dilip Sah @ Dilip Kumar Son of Nandlal Sah Resident of Village - Prataptand P.S Bhagwanpur, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Bhagwanpur P.S.Case No. 198 of 2014 registered under Sections 304(B) of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate-IIIrd,Vaishali. The allegation against the petitioner is of committing the murder of his wife for non fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.05.2016. Charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no eye witness to the alleged occurrence.

Patna High Court Cr.Misc. No.33046 of 2016 (3) dt.21-09-2016 2/2 On behalf of the State, it is submitted that the petitioner is named in the FIR. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. From post mortem report it appears that there was head injury on the deceased.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner and same is rejected.

The court below is directed to take steps to expedite the trial.

(Sudhir Singh, J) singh/- U T