Sakur Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50618 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== Sakur Miyan S/O Afsar Miyan R/o village- Pahari Majhauwa, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chautarwa P.S. Case No. 64 of 2021, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

As per the prosecution case, petitioner along with coaccused persons committed murder of informant's daughter due to non-fulfillment of demand of dowry and buried her dead body in the soil. Petitioner is husband of the deceased. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. There was no demand of dowry by the petitioner or other accused persons as no complaint has been lodged at any point of time. There is general and omnibus allegation. Petitioner is in custody since

Patna High Court CR. MISC. No.50618 of 2021(3) dt.31-03-2022 2/2 24.02.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

However, as the petitioner is in custody since 24.02.2021, trial court is directed to expedite the trial and conclude the same as early as possible.

(Prabhat Kumar Singh, J) vinita/- U T