Pappu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52576 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== Pappu Gupta Son of Ramchandar Gupta @ Ramchandra Gupta Resident of Village- Khalawa Pattitar, Police Station- Dhanaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304(B)/201/34 of the Indian Penal Code. Daughter of the informant is said to have been strangulated to death by the petitioner and his family members over dowry demand. Petitioner happens to be husband of the deceased.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has neither made any dowry demand nor committed any such occurrence. He had gone outside the State in connection with

Patna High Court Cr.Misc. No.52576 of 2018(3) dt.06-10-2018 2/3 his livelihood. Witness in para-12 of the case diary has also stated so. He has been falsely implicated in the case merely because he happens to be husband of the deceased. He has been languishing in custody since 11.06.2018.

On the other hand, learned counsel for the informant and learned APP for the State vehemently opposing the bail petition submitted that there is allegation of committing murder of the deceased by strangulating over dowry demand against the petitioner and his family members. Doctor has found cause of death as asphyxia due to strangulation and also found injury on the neck of the deceased. The defence of alibi as taken by the petitioner is not considered at the stage of bail rather at the stage of trial.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to dispose of the case as expeditiously as possible preferably within nine months from the date of receipt/production of a copy of this order and S.P., West Champaran is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

Patna High Court Cr.Misc. No.52576 of 2018(3) dt.06-10-2018 3/3 Let a copy of this order be communicated to S.P., West Champaran by fax for needful.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T