Patna High CourtCR. MISC./53480/2017dismissed

Gopal Sah @ Gopal Sao v. The State Of Bihar

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53480 of 2017 Arising Out of PS. Case No.-81 Year-2016 Thana- JHAJHA District- Jamui ====================================================== Gopal Sah @ Gopal Sao S/o Ram Prasad Sah Resident of village- Dariyo, Police Station- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. AKSHAY LAL PANDIT ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jhajha P.S. case No.81 of 2016 registered under Sections 498A, 304B, 201/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, pending in the court of S.D.J.M., Jamui.

Allegation is that the accused persons including the petitioner committed murder of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.07.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive

Patna High Court Cr.Misc. No.53480 of 2017(4) dt.18-01-2018 2/2 evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. Further, the trial court is directed to expedite the trial as early as possible.

(Sudhir Singh, J) Narendra/- U T