Dhaneshwar Das @ Dashahar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24140 of 2014 Arising Out of PS.Case No. -46 Year- 2013 Thana -CHANDAR District- BANKA ====================================================== Dhaneshwar Das @ Dashahar Das, Son of Mahendra Das, Resident of Village- Khirhartari, P.S.- Chandan, District- Banka .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 08-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the victim is languishing in custody since 25.07.2013 in a case registered for the offences punishable under Section 304B of the Indian Penal Code.

It is alleged that the informant's daughter was killed after one year of marriage for non-fulfillment of the dowry demand by administering poison.

The FSL report suggests presence of Aluminium Phosphide (Celphos) in the viscera. It is submitted by learned counsel for the petitioner that since post-mortem does not reflect any resisting

Patna High Court Cr.Misc. No.24140 of 2014 (05) dt.08-01-2015 2/2 injury, hence, it cannot be said that the poison was administered rather it was consumed by the victim herself. Considering the death after one year of the marriage in unnatural circumstance, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

It is expected from learned Ad hoc Additional Sessions Judge IV, Banka to conclude the trial of Sessions Trial No. 964 of 2013 arising out of Chandan P.S. Case No. 46 of 2013 preferably within a period of six months. Let the F.S.L. report be returned forth with.

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