Patna High CourtCR. MISC./41930/2016rejected

Nawlesh Sharma v. The State Of Bihar

2016-11-19Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41930 of 2016 Arising Out of PS.Case No. -22 Year- 2015 Thana -RANIYATALAB District- PATNA ====================================================== Nawlesh Sharma Son of Sri Ram Bachan Singh Resident of Village - Patoot, P.S- Ranitalab, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-11-2016 Heard.

The petitioner being the husband of the deceased is accused of offence punishable under sections 304-B, 201 and 120-B IPC vide Rani Talab P.S. Case No. 22 of 2015. As per the prosecution case, the daughter of the informant was married to the petitioner only few years ago. She was subjected to torture on account of non fulfillment of demand of dowry. It is alleged that the in-laws including the petitioner connived with each other and killed the daughter of the informant inasmuch as the dead body was also disappeared. Learned Sessions Judge in the impugned order has found that in course of investigation the witnesses have supported the prosecution case inasmuch as the charge sheet has also been filed.

Patna High Court Cr.Misc. No.41930 of 2016 (3) dt.19-11-2016 2/2 Indisputably, the victim died in suspicious circumsnaces while she was at the matrimonial home. The petitioner is said to be in custody since 08.05.2016. Learned APP has opposed the prayer and also submitted that not only the allegation in the FIR is attributed to the petitioner but in course of investigation also the Investigating Officer found incriminating materials against the petitioner. Considering the facts and circumstances of the case, I am not persuaded to extend the petitioner the privilege of bail. Prayer is accordingly rejected.

(Kishore Kumar Mandal, J) HR/- U T