Santosh Thakur @ Santosh Thakur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56862 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== SANTOSH THAKUR @ SANTOSH THAKUR SINGH son of Umesh Thakur village- Chilara Ps- Sonbarsa Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Sonbarsa P.S. Case No. 153/2023 registered under Sections 304(B) and 201/34 of the Indian Penal Code lodged on24.04.2023 by the informant, Naresh Thakur. As per the prosecution story, the allegation is that the petitioner was married to the deceased lady but was tortured for dowry. The marriage took place on 17.09.2022 and within eight months on 23.04.2023, the informant got information about the killing as also the cremation of her dead body. Accordingly, the FIR.
Learned counsel for the petitioner submits that he is mentally retarded person and wife was patient of epilepsy and
Patna High Court CR. MISC. No.56862 of 2023(2) dt.30-08-2023 2/2 died natural death and now the informant have also realized the mistake.
Learned APP opposes the prayer for bail stating that within eight months of marriage, the alleged occurrence took place and as such it will be better that the petitioner faced trial. Considering the fact that he is a husband and the alleged death took place within eight months, no document is on record to show that the lady was a patient of epilepsy, I am not inclined to grant him extended the privilege of bail. Accordingly, the bail application stands rejected. However, learned Trial is directed to expedite the trial and conclude the same within a period of one year. (Rajiv Roy, J) Jagdish/- U T