Patna High CourtCR. MISC./18835/2018rejected

Raju Sahani v. The State Of Bihar

2018-04-03Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18835 of 2018 Arising Out of PS. Case No.-20 Year-2015 Thana- DUMRIAGHAT District- East Champaran ====================================================== Raju Sahani S/o Bali Sahani @ Rambali Sahani, R/o Village- Barharwa Khurd, P.S.- Dumariyaghat, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Dumariyaghat P.S. Case No.20 of 2015, registered under Sections 304B, 201, 120B, 34 of the Indian Penal Code. Allegation in brief is that the daughter of the informant was married with the petitioner in the year 2014. The petitioner and other family members used to torture her for realizing further dowry and only 15 days prior to the occurrence, the petitioner had made demand and as the demand was not fulfilled, she was done to death and her dead body was disposed of.

Learned counsel for the petitioner submits that the petitioner is the husband and the daughter of the informant died

Patna High Court Cr.Misc. No.18835 of 2018(2) dt.03-04-2018 2/2 due to diarrhea and vomiting, the informant was informed and participated in cremation; whereas learned counsel for the State submits that the petitioner is the husband having specific allegation of killing his wife for non-fulfillment of dowry and there is no material to show that she was treated for diarrhea or any other illness.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Dumariyaghat P.S. Case No.20 of 2015, pending in the court of learned SDJM, Sadar, Motihari, East Champaran.

(Arun Kumar, J) S.KUMAR/- U T