Bijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75436 of 2018 Arising Out of PS. Case No.-31 Year-2017 Thana- NARAINPUR District- Bhojpur ====================================================== Bijendra Singh, Son of Kameshwar Singh Yadav, Resident of VillageMaranpur, P.S.-Narayanpur, Distt.-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.09.2017 in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Satyendra Singh submitted to the Station House Officer, Narayanpur Police Station is to the effect the informant's daughter, namely Rinku Devi's marriage was performed with the petitioner on 15.05.2017. But subsequently, further dowry demand of a motorcycle and a gold chain was made and due to non-fulfillment of the same, torture was inflicted upon her by the petitioner and other inlaws family members. On 25.07.2017, the informant received

Patna High Court Cr.Misc. No.75436 of 2018(3) dt.24-01-2019 2/3 information on mobile phone that he daughter has been killed. It is submitted by learned counsel for the petitioner that on the basis of mere suspicion, the accusation has been levelled against the petitioner. The post-mortem suggests partial legature mark on the neck and the cause of death has been opined by the doctor as asphyxia due to hanging. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State after going through the case diary submits that the petitioner is the husband of the victim and the thrust of accusation is against him and the victim has been killed within two months of the marriage.

Considering the thrust of accusation against the petitioner and victim being killed within two months of the marriage, this Court is not inclined to grant bail to the petitioner for the present in connection with S.T. No.201/2018 (arising out of Narayanpur P.S. Case No.31/2017), pending before the learned 1st Additional Sessions Judge, Bhojpur at Ara. Accordingly, the prayer for bail of the petitioner is rejected.

Let the learned Court below expedite the trial. It is made clear that if the trial will not be concluded within a

Patna High Court Cr.Misc. No.75436 of 2018(3) dt.24-01-2019 3/3 period of one year, the petitioner would be at liberty to renew his prayer for bail.

(Dinesh Kumar Singh, J) Ashwini/- U T