Patna High CourtCR. MISC./26614/2016dismissed

Dhananjay Kumar @ Laukesh Kumar v. The State Of Bihar

2016-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26614 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -HASPURA District- AURANGABAD ======================================================

1. Dhananjay Kumar @ Laukesh Kumar son of Shiv Bihari Singh Resident of Village- Purhara P.S. Haspura, District- Aurangabad .... Petitioner

Versus

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

For the Petitioner : Mr. Bindeshwar Prasad Singh, Adv. For the Opposite Party : Mr. Abhay Kumar - 1, APP 186 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 304B and 201/34 of the Indian Penal Code. The prosecution story, in brief, is that the informant's daughter marriage was solemnized with the petitioner. After two years of the marriage his daughter used to torture for demand of motorcycle and golden chain. On 29th December, 2015, when the informant came to the sasural of his daughter, the informant did not find his daughter there and came to know from the villagers that his daughter has been killed.

Learned counsel for the petitioner submits that the petitioner is in custody since 31.12.2015. Charge sheet has been submitted in the case. There is no criminal antecedent against the petitioner and there is no allegation of tampering of the witness alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There is no eye witness to the alleged occurrence.

On behalf of the State it has been submitted that the

Patna High Court Cr.Misc. No.26614 of 2016 (3) dt.26-08-2016 petitioner is named in the First Information Report. He is husband of the deceased. The onus is upon the petitioner to explain the 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 connection with Haspura P.S. Case No. 209 of 2015, pending in the Court of the Subdivisional Judicial Magistrate, Daudnagar, Aurangabad.

The trial Court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) SA/- U √ T √