Tribhuwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28343 of 2018 Arising Out of PS.Case No. -132 Year- 2017 Thana -PARSABAZAR District- PATNA ======================================================

1. Tribhuwan Singh, S/o Ajay Kumar, R/o Mohalla - Chanakya Colony, Parsa Bazar, P.S. - Parsa Bazar, Distt. - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Petitioner is husband of the victim of dowry death. Allegation is of demand of dowry and torture for the same. Petitioner is in custody since 14.11.2017.

Learned counsel for the petitioner submits that the postmortem report would reveal that opinion regarding death is still reserved till receipt of viscera report. The Doctor has found ligature mark on the neck of the victim which might be due to suicide committed by the victim for she was not giving birth to a child and this fact has been corroborated by the other witnesses

Patna High Court Cr.Misc. No.28343 of 2018 (5) dt.30-07-2018 2/2 also.

The informant has filed a petition before the learned trial court vide Annexure-3 to the supplementary affidavit that under some misinformation the case was lodged. Learned counsel for the informant is present to oppose the prayer for bail and submits that 3/4 prosecution witnesses have already been examined and the trial is likely to conclude within six months.

Informant is directed to produce the informant as the next witness before the court below and on the basis of material coming in the evidence of informant, the court below may consider the prayer for bail of the petitioner without being prejudice by this order.

With the aforesaid observation, prayer for bail is refused for the present in connection with Parsa Bazar Police Station Case No. 132 of 2017 pending in the court of learned Additional Chief Judicial Magistrate-cum-C.B.I.-II, Patna. (Birendra Kumar, J) Kundan/- U T