Navendu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62205 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Navendu Jha, S/o Manoj Jha @ Munna Jha, R/o Village- Rampur Barbatta, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State. The petitioner is languishing in custody since 30.08.2017 in a case for the offence registered under Sections 323, 341, 498(A), 304(B) and 504/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.62205 of 2017 (2) dt.05-01-2018 2/2 case. There is no substantive evidence to suggest his implication in the present case.

On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death of the deceased who happens to be his wife.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Jandaha P.S. Case No. 47 of 2017, pending in the court of learned C.J.M. Vaishali at Hajipur. U.K./- (Sudhir Singh, J) U T