Dipu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60434 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -BELSAND District- SITAMARHI ======================================================

1. Dipu Rai S/o Bhagya Narayan Rai, R/o Village- Patahi, P.S.- Belsand, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Belsand P.S. Case No.98 of 2016, a case under Sections 304B/201/34 of the Indian Penal Code, pending in the Court of Sri K.K. Shahi, the Judicial Magistrate, 1st Class, Sitamarhi. Wife of this petitioner died within two years of marriage in unnatural circumstances in the house of the petitioner and dead body was disposed hurriedly. There is allegation of demand of dowry and torture for the same soon before her death. Other witnesses have also supported the aforesaid allegation before the police.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.60434 of 2017 (3) dt.08-02-2018 P2/ that in fact the family members of the deceased had participated in the cremation and after cremation the F.I.R. was lodged just to put undue pressure. Petitioner is in custody since 12.09.2017. Considering the nature and seriousness of the allegation, I am not inclined to enlarge the petitioner on bail. (Birendra Kumar, J) Mkr./- U T