Patna High CourtCR. MISC./16869/2015dismissed

Baliram Bhagat v. The State Of Bihar

2015-10-30Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.16869 of 2015 (4) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16869 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Baliram Bhagat Son of Mahendra Bhagat Resident of village - Sugaon, Badhi Tola, P.O. & P.S. Sugauli, District - East Champaran, Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dayan Shanker Prasad For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Sugauli P.S. Case No.72/2014 registered under Sections 304 (B) and 34 of the Indian Penal Code.

It is alleged that on account of non-fulfilment of dowry, the daughter of the informant was subjected to cruelty and torture. It is further alleged that the in-laws' family gave information about the death of the daughter of the informant. Thereafter, he proceeded to the sasural of his daughter where he learnt that his daughter has been killed by all the members of in-laws. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since

Patna High Court Cr.Misc. No.16869 of 2015 (4) dt.30-10-2015 29.3.2014. The charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. The deceased is said to have committed suicide. The petitioner has been falsely implicated in the instant case. There is no eye witness to the alleged occurrence.

On behalf of the State, it has been submitted that the petitioner is the husband of the deceased. Presumption is against him.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and the same is rejected. Any how, the trial court is directed to take all necessary steps to expedite the trial and conclude the same, preferably within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) V.P.Sinha/- U