Patna High CourtCR. MISC./26402/2015rejected

Balram Kumar v. The State Of Bihar

2015-10-09Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.26402 of 2015 (3) dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26402 of 2015 Arising Out of PS.Case No. -337 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Balram Kumar son of Late Lakhan Kewat, Resident of VillageJaukmela, Police Station- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Lakhisarai P.S. Case No. 337 of 2014 registered for the offences punishable under Sections 304B, 328/34 of the Indian Penal Code. Mamta Kumari @ Rajni Kumari the daughter of the informant was married with the petitioner one year ago from the incident and due to non-fulfillment of demand of dowry by way of Rs. 1,00,000/-, golden chain and motorcycle she was poisoned to death.

Submission is of false implication, there was sound relation between the petitioner and the deceased, due to some minor dispute she consumed poison herself and committed suicide

Patna High Court Cr.Misc. No.26402 of 2015 (3) dt.09-10-2015 as she was denied to go to her father's house and in paragraph 22 of the case diary and onwards several witnesses have stated like that. The petitioner is suffering in custody since 14.07.2014. Learned APP opposes the prayer of bail by submitting that admittedly the deceased died unnatural death within two years of her marriage and witnesses vide para 9, 15, 16 and 19 have supported the allegation.

In the facts and circumstances stated above, considering that the petitioner is the husband of the deceased who died unnatural death within two years of her marriage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

However, the trial court is directed to expedite the trial and conclude the same on priority basis, preferably, within six months.

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