Patna High CourtCR. MISC./27696/2017dismissed

Pramod Kumar @ Pramod Rai v. The State Of Bihar

2017-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27696 of 2017 Arising Out of PS.Case No. -399 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== PRAMOD KUMAR @ PRAMOD RAI Son of Ramashish Rai, resident of Village- Koriwama, P.S. Janipur (Phulwarisharif), District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Yadav, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 399 of 2015 registered for offences punishable under sections 304B, 302, 201/34 of the Indian Penal Code.

The allegation against the petitioner is that the informant's daughter, namely, Lilawati Devi was married with the petitioner fourteen years before. After six months of marriage, members of matrimonial house started torture for demand of 40,000/- cash. On 05.06.2015 informant got information that his daughter was murdered by the family members of her matrimonial house. It has been submitted on behalf of the petitioner that daughter of the informant died due to suffering from some illness. It has been submitted that the ingredients of Section 304-B of the

Patna High Court Cr.Misc. No.27696 of 2017 (2) dt.17-07-2017 2/2 Indian Penal Code will not be applicable in the case. It has been further stated that petitioner is in custody since 29.06.2015. On the other hand, learned A.P.P. opposed the prayer for bail stating that the daughter of the informant died in the house of the petitioner and thereafter they threw the dead body at any other place.

Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. However, learned Additional Sessions Judge-IV, Patna is directed to conclude the trial within a period of 9 months. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) veena/- U T