Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74216 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- DUMRAO District- Buxar * ====================================================== Pramod Kumar, son of Vinod Kumar Ram, resident of Village- Pratap Sagar, P.S. Dumraon Naya Bhojpur, O.P., District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Dumraon P.S. Case No. 304 of 2018, instituted for the offence under Section(s) 304(B)/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Buxar.

Petitioner is husband of the deceased.

It is alleged in the written report that sister of the informant has been murdered in her sasural for non-fulfillment of demand of dowry.

Case diary has been received.

Learned A.P.P. after looking into the case diary submits that Doctor has found ligature mark around the neck during post mortem of the deceased.

Counsel for the petitioner submits that petitioner has been made accused merely on suspicion. The inquest report is

Patna High Court CR. MISC. No.74216 of 2018(6) dt.27-02-2019 2/2 available in paragraph-2 of the case diary in which Vikas Kumar and Gulu Kumar are witnesses. Vikas Kumar is the informant of the instant case and Gulu Kumar is Phupha of the informant. This Court finds from the inquest report that police has found black spot around the neck of the deceased. In the post mortem report the Doctor has opined cause of death due to Asphyxia on account of hanging.

As such, the deceased died unnatural death in her sasural. There is specific allegation against petitioner. Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer of the petitioner for grant of bail stands rejected. The trial court is directed to expedite the trial and make efforts to conclude the trial as early as possible preferably within a period of nine months from the date of receipt of this order. In the event the trial is not concluded within aforesaid period, petitioner will be at liberty to renew his prayer for bail. (Sanjay Priya, J) S.Ali/- U T