Shiv Das @ Shiv Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63339 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== SHIV DAS @ SHIV SHANKAR DAS Son of Late Ramchandra Das Resident of Village- Kahoura West Tole, P.S.- Manigachhi, DistrictMadhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Manigachhi P.S. Case No. 71 of 2021 registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code read with Section 3⁄4 of the D.P. Act.

As per prosecution case, the informant's daughter has been killed by the petitioner and others for non-fulfillment of demand of dowry .

Learned counsel for the petitioner submits that petitioner is in custody since 26.04.2021. Petitioner bears no

Patna High Court CR. MISC. No.63339 of 2021(5) dt.12-09-2022 2/2 criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner by submitting that petitioner is husband of the deceased and there is allegation of committing murder of informant's daughter for non-fulfillment of demand of dowry.

Considering the facts and circumstances of the case, nature of accusation as well as material available on record coupled with legal presumption, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected.

However, learned trial court is directed to expedite the trial within nine months. Thereafter, the petitioner may renew the prayer for bail.

(Alok Kumar Pandey, J) amitkr/- U T