Sudhir Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61593 of 2018 Arising Out of PS. Case No.-220 Year-2017 Thana- MURLIGANJ District- Madhepura ====================================================== Sudhir Biswas, S/o Narayan Biswas @ Narayan Paswan, resident of VillagePokhram, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kishore Singh For the Opposite Party/s :

Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Murliganj P.S. Case No. 220 of 2017/S.T. No. 86 of 2018, instituted for the offences under Sections 302/304(B),201/34 of the Indian Penal Code. The FIR has been lodged by the Choukidar, alleging that the dead body of the lady was found in the ditch full of water, 1km away from village. It is further alleged that on getting the aforesaid news the villagers arrived. They were speaking that dead body was of wife of this petitioner. It is alleged that this petitioner and other accused persons had killed and thrown the dead body for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that beside

Patna High Court Cr.Misc. No.61593 of 2018(3) dt.20-11-2018 2/2 such rumour as stated in the written report by the villagers there is no eye-witness of the occurrence. The petitioner has three children from his first wife. The police has not recorded their statement. The deceased was the second wife of petitioner. The cause of death is Asphyxia due to smothering as per post-mortem report. The deceased died in suspicious condition unnatural death.

The petitioner is husband of deceased. Therefore, this court is not inclined to grant bail to petitioner. The prayer for bail is rejected at this stage.

The trial court is directed to expedite the trial and made effort to conclude the same as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sanjay Priya, J) khushbu/- U T