Patna High CourtCR. MISC./29050/2018rejected

Rakesh Sah v. The State Of Bihar

2018-07-18Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29050 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Rakesh Sah, Son of Rajeshwar Sah, Resident of Village- Daidaha, P.S.- Dinara, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 18.10.2017, seeks bail in Dinara PS Case No. 267 of 2017 registered under Sections 304B and 306/34 of the IPC.

The allegation in brief is that within three years of marriage the petitioner's wife died due to burn injury and the allegation is that she was being tortured for realizing further dowry. Learned Counsel for the petitioner submits that there is no specific accusation against the petitioner; his wife herself committed suicide and she was brought to hospital for treatment, the petitioner has been in custody in this case since 18.10.2017 and daughter of the petitioner is being looked after by his parents. Whereas learned Counsel for the state submits that there is specific allegation of torturing the victim for realising further demand of dowry and there is unnatural death of the petitioner's wife.

Having considered the said facts and circumstances, this Court is not persuaded to grant bail to the petitioner, who is husband of the deceased. Accordingly, the prayer for bail of the petitioner is

Patna High Court Cr.Misc. No.29050 of 2018 (5) dt.18-07-2018 rejected.

However, the trial court is directed to expedite the trial and preferably conclude the same within a period of one year and if the trial does not conclude within the aforesaid period the petitioner may renew his prayer for bail.

(Arun Kumar, J) Snkumar/- U T