Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39247 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Upendra Sahani, son of Vinod Sahni, R/o Village- Chiljhapati Mor, P.S.- Sugauli, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sugauli P.S. Case No. 172 of 2016 registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code. Allegation against the petitioner is of dowry death and petitioner is husband of deceased.

Submission of learned counsel for the petitioner is that the witnesses during course of investigation have stated that the deceased died of illness and, as such, no case under Section 304B IPC is made out against the petitioner. Further submission is that he is in custody for nine months.

Heard learned APP also, who has opposed the prayer for bail stating that witnesses have stated against the petitioner and

Patna High Court Cr.Misc. No.39247 of 2017 (3) dt.11-09-2017 2/2 there was demand of dowry and torture against him and further cause of death could not ascertain from the post mortem report. Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, as petitioner is in custody for nine months, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U