Rohit Kumar @ Dikky Kumar @ Dikky v. The State Of Bihar

Patna High Court Cr.Misc. No.15511 of 2016 (3) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15511 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -BYPASS District- PATNA ======================================================

1. Rohit Kumar @ Dikky Kumar @ Dikky Son of Sri Subhash Mahto, Resident of Mohalla - Bahri Begam Dadabari, P.S. - By - Pass, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Bypass P.S. Case No. 32 of 2015 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Runa Devi, the daughter of the informant, was married to the petitioner in the year 2014 and allegedly, due to nonfulfillment of demand of Rs. 1,00,000/- she was assaulted and ousted from the in-laws house by the petitioner and others but later on the mother-in-law brought her back. On 22.04.2015 the daughter of the informant was found lying dead. Submission is of false implication and that there was cordial relation between the petitioner and his wife but due to some dispute the wife of the petitioner became up-set and started

Patna High Court Cr.Misc. No.15511 of 2016 (3) dt.20-05-2016 quarreling with the petitioner. Ultimately the wife of the petitioner committed suicide and as such the petitioner deserves sympathetic consideration. During investigation the witnesses Dinananth Mahto and Shiv Shankar Mahto have stated that the petitioner after keeping his wife in room closed the door and thereafter, the wife of the petitioner was found hanging and earlier there was quarrel between the wife and the petitioner.

Learned APP opposes the prayer of bail by submitting that the witnesses have supported the allegation and further in post mortem examination also the cause of death has been found due to asphyxia as a result of throttling.

In the facts and circumstances stated above, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

However, let the trial be expedited and concluded as early as possible, preferably within nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) avin/- U T