Rakesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30932 of 2018 Arising Out of PS.Case No. -150 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Sahani S/o Ganesh Sahani, R/o Mohalla- Hathsarganj Near Nishad Gas Godown, P.S.- Hajipur Town, Distt.- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Hajipur Town P.S.Case No.150 of 2017 registered for the offence under Section 304(B) and 34 of the Indian Penal Code.

The allegation against the petitioner who happens to be the husband of the deceased along with others is of causing dowry death to the daughter of the informant and also disposed of her dead body without informing the informant.

It has been submitted on behalf of the petitioner that he has been falsely implicated in this case. It has further been submitted that he got his wife (deceased) treated at his level best and she never complained of torture or demand of dowry against

Patna High Court Cr.Misc. No.30932 of 2018 (6) dt.20-08-2018 2/2 the petitioner to any one.

Learned A.P.P. as well as learned counsel for the informant vehemently opposed the prayer for bail of the petitioner on the ground that he along with others has disposed of the dead body of the daughter of the informant without informing the informant.

Considering the nature of allegation and also the fact that the dowry death has taken place within five years of marriage, I am not inclined to extend the privilege of bail to the petitioner. The prayer for bail of the petitioner is rejected. However, trial court is directed to expedite the trial and conclude it within a period of nine months from today and, if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail. (S. Kumar, J) AnilKrSinha/- U