Patna High CourtCR. MISC./35827/2016rejected

Pramod Kumar Ram @ Pramod Ram v. The State Of Bihar

2016-09-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35827 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -CHADNAN District- BANKA ====================================================== Pramod Kumar Ram @ Pramod Ram son of Shambhu Ram resident of Village- Chandbari, P.S.- Chandan, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chaudhary Prem Kumar Thakur For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

Petitioner happens to be husband of the deceased and admittedly, deceased died within one year of her marriage due to burn injuries. There is allegation of illegal demand as well as torturing against the petitioner and others.

However, learned counsel for the petitioner submits that according to prosecution case itself, the deceased was immediately taken to hospital for treatment but unfortunately, she could not be saved. It is further submitted that as a matter of fact,

Patna High Court Cr.Misc. No.35827 of 2016 (4) dt.19-09-2016 2/2 deceased committed suicide reasons known to her and at the time of alleged occurrence petitioner was not even present in his house. Considering the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Chandan (Anandpur) P.S. Case No. 33 of 2016 pending in the court of Chief Judicial Magistrate, Banka stands rejected. However, the trial court should expedite the trial of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T