Patna High CourtCR. MISC./27006/2016dismissed

Ajay Kumar v. The State Of Bihar

2016-09-26Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.27006 of 2016 (6) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27006 of 2016 Arising Out of PS.Case No. -32 Year- 2013 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ajay Kumar Son of Bindhyachal Ram, Resident of Village- Sathi, Police Station- Sathi, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the Petitioner, the State and the informant.

The Petitioner seeks bail in Sathi P.S. case No.32 of 2013 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Bettiah.

The allegation is that the accused persons including the petitioner tortured and ultimately killed the daughter of the informant due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.2.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.27006 of 2016 (6) dt.26-09-2016 witnesses alleged against the petitioner. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased. The onus is upon the petitioner to explain the cause of death of the deceased. The petitioner is said to have died due to poisoning. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T