Sanjay Jha @ Kari Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50548 of 2023 Arising Out of PS. Case No.-36 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== SANJAY JHA @ KARI JHA Son of Ramdeo Jha Resident of village - Partapur, ward no. 13, P.S. - Belsand, Distt. - Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 304B, 201, 120B, 34 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.

As per FIR, it is a case of dowry death due to nonfulfillment of dowry demand and the petitioner is alleged to be husband of the deceased.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to family dispute. The informant is not an eye witness of the alleged occurrence. The

Patna High Court CR. MISC. No.50548 of 2023(5) dt.22-01-2024 2/3 marriage was solemnized between the petitioner and the deceased in the year 2017 and out of their wedlock two children were born. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.07.2021.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR and he is also husband of the deceased and he had full responsibility to keep his wife with full honour and dignity but he did not do so rather he in connivance with others committed murder of his wife for nonfulfillment of dowry demand. Thereafter, he along with others tried to burn her dead body but after getting information, police party reached there and recovered dead body of whose head and facial muscles were totally burnt and both legs and arms were also missing. It is further submitted that during investigation witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact and gravity of this case, this court is not inclined to enlarge the petitioner on bail, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.50548 of 2023(5) dt.22-01-2024 3/3 The trial Court is directed to expedite the trial and conclude the same within nine months, failing which the petitioner may renew his prayer for bail.

(Sunil Kumar Panwar, J) Manishkr/- U T