Dipti Das @ Dipu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10201 of 2018 Arising Out of PS.Case No. -166 Year- 2017 Thana -POTHIYA District- KISANGANJ ======================================================
1. Dipti Das @ Dipu Das S/o Gopi Das, R/o Village - Naya Basti, Bodhigacch, Nayabari, P.S. - Pothiya, District - Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
Petitioner is husband of the victim of dowry death. The unnatural death was caused after six years of marriage. The victim died leaving behind children. Allegation is of demand of dowry and torture for the same. Paternal relations have supported the allegation of demand and torture before death. However, some co-villagers of the petitioner have stated that the victim was quarrelsome lady and she might have committed suicide after quarrel with the husband. Petitioner is in custody since 11.10.2017
Patna High Court Cr.Misc. No.10201 of 2018 (3) dt.04-04-2018 2/2 Considering the presumption against the petitioner of dowry death, I am not inclined to enlarge him on bail for the present in connection with Pothia Police Station Case No. 166 of 2017 pending in the Court of learned Chief Judicial Magistrate, Kishanganj/successor Court.
Hence, prayer for bail is refused.
However, the petitioner would be at liberty to renew his prayer for bail, if the trial is not concluded within a period of six months from the date of receipt/production of a copy of this order.
The learned trial Judge is directed to conclude the trial within the aforesaid period without giving any unnecessary adjournment to any of the parties.
(Birendra Kumar, J) Kundan/- U T