Patna High CourtCR. MISC./52501/2016rejected

Chandan Kumar Thakur v. The State Of Bihar

2017-02-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52501 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -TAJPUR District- SAMASTIPUR ====================================================== Chandan Kumar Thakur, Son of Arun Kumar Thakur, resident of village - Harilochanpur, Tiswara, P.S. Tajpur ( Halai ), District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Tajpur (Halai) P.S. Case No. 72 of 2015 registered under Sections304B, 120B/34 of the Indian Penal Code. The allegation against the petitioner and other inlaws is of torturing and assaulting the daughter of the informant due to non-fulfillment of demand of dowry. In that connection, informant's daughter had filed a complaint case also. She was pressurized for compromising the case. Ultimately she was done to death.

Learned counsel for the petitioner submits that petitioner never demanded any dowry. The deceased was

Patna High Court Cr.Misc. No.52501 of 2016 (4) dt.10-02-2017 2/2 mentally sick and in that connection she was treated at Ranchi also. Informant has also filed a compromise petition stating that his daughter died due to mental sickness.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there are serious allegations of torture and assault. Deceased was done to death. Considering the facts and circumstances of the case, I do not feel inclined to grant the privilege of bail to the petitioner. His prayer for bail is, therefore, rejected.

However, the Court below is directed to expedite the trial of the case.

(Arvind Srivastava, J) Manish/- U T