← Library
Patna High CourtCR. MISC./60022/2018dismissed

Sandeep Kumar v. The State Of Bihar

2018-12-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60022 of 2018 Arising Out of PS. Case No.-129 Year-2016 Thana- PARASBIGHA District- Jehanabad ====================================================== Sandeep Kumar, S/o Ajay Yadav, R/o Vill. -Dihuri, P.S.- Paras Bigha, DistrictJahanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Paras Bigha P.S. Case No.129 of 2016 instituted for the offence under Section(s) 304B, 201, 120-B Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Jehanabad.

Counsel for the petitioner submits that petitioner is husband of the deceased.

It is alleged that petitioner has committed murder of the deceased for non-fulfillment of demand of dowry and disposed off the dead body.

Learned APP has submitted that in the case diary it has come that postmortem of the dead body could not be performed because accused persons had disposed off the dead

Patna High Court Cr.Misc. No.60022 of 2018(4) dt.07-12-2018 2/2 body.

Counsel for the petitioner submits that Compromise Petition has been filed by the Informant.

The offence under Section(s) 304-B Indian Penal Code is non-compoundable. It is only an attempt to tamper with the evidence in the case.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected. The Trial Court is directed to expedite the trial and conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of copy of this order.

(Sanjay Priya, J) J. Alam/- U T