Laxman Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4799 of 2018 Arising Out of PS. Case No.-205 Year-2017 Thana- JAMUI District- Jamui ====================================================== Laxman Rajak, Son of Umesh Rajak, Resident of Village- Maharajganj, P.s.- Jamui, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. NAND KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jamui P.S. case No.205 of 2017 registered under Sections 498A, 304B/34 of the Indian Penal Code, pending in the court of C.J.M., Jamui.

Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.07.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the

Patna High Court Cr.Misc. No.4799 of 2018(3) dt.22-02-2018 2/2 present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. The deceased is said to have died due to 100% burn injury. Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial.

(Sudhir Singh, J) Narendra/- U T