Sachin Kumar @ Sachin Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.860 of 2017 ======================================================
1. Sachin Kumar @ Sachin Prasad S/o Mundrika Prasad @ Mundrika Singh' Resident of Village-Bankipur Gorakh, P.S.-fatuha, District-patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard the parties.
This application is for grant of bail in connection with Fatuwa P.S.Case No.256 of 2015 for the offence under Sections 304(B)/34 of the Indian Penal Code.
It is submitted on behalf of the petitioner that from perusal of the F.I.R., it appears that there is no demand of dowry by the petitioner and the report does not show as to how the deceased died. The petitioner is in custody for more than eight months. Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides and from perusal of the case diary, it appears that there is demand of dowry as well as the post mortem report shows three injuries on the person of the injured and the viscera report shows that 'aluminium phosphide' was
Patna High Court Cr.Misc. No.860 of 2017 (3) dt.27-02-2017 2/2 detected in the content of the Glass Jar.
Considering all the aforesaid aspects of the matter, I am not inclined to grant bail to the petitioner at this stage, however, keeping in view the fact that the petitioner in custody for more than eight months, the learned trial court is directed to expedite the trial.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U