Patna High CourtCR. MISC./5068/2018rejected

Raja Bind v. The State Of Bihar

2018-03-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5068 of 2018 Arising Out of PS.Case No. -112 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Raja Bind S/o Murahu Bind, R/o village- Gaira, P.S.- Nuaon, DistrictKaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parwej Khan, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sessions Trial No.262 of 2017/246 of 2017, arising out of Ramgarh (Nuaon) P.S. Case No.112 of 2017, a case under Section 304B/34 of the Indian Penal Code, pending in the Court of Mr. P.R.K. Sinha, learned Additional Sessions Judge-IV, Kaimur at Bhabua.

Petitioner is husband of the victim lady, who died in unnatural circumstances within few years of marriage in her matrimonial house. There is allegation of demand of dowry and torture for the same against the petitioner soon before her death. The post mortem report would reveal that the cause of death was

Patna High Court Cr.Misc. No.5068 of 2018 (4) dt.16-03-2018 P2/ not ascertained till report of the forensic examination of the viscera. The witnesses have supported the allegation of demand of dowry and torture soon before her death. The presumption of dowry death is there against the petitioner. Learned counsel for the informant opposed the prayer for bail.

Considering the seriousness of the allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months without allowing any unnecessary and long adjournment to any of the parties in the case.

(Birendra Kumar, J) Mkr./- U T