Sanjay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9260 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -BAIRGINIA District- SITAMARHI ======================================================

1. Sanjay Kumar Mahto son of Kishori Mahto R/o Village - Parsauni, P.S. - Bairgania, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioner seeks bail in Bairginia P.S. case No. 45 of 2016 under Section 304B/34 of the Indian Penal Code. The father of the deceased alleged that his daughter was married to the petitioner in the year 2014 but her husband and other in-laws started demanding additional dowry. His son-in-law and daughter came to his house on 25.03.2016 and went to their house on 02.04.2016 and only thereafter the petitioner informed about the death of his daughter.

The learned counsel for the petitioner submits that petitioner never demanded any dowry. The petitioner informed his father-in-law and mother-in-law that wife of the petitioner herself committed suicide as she was not pleased about her marriage with

Patna High Court Cr.Misc. No.9260 of 2017 (4) dt.04-04-2017 2/2 the petitioner. During the course of investigation, the witnesses have stated that wife of the petitioner committed suicide while her in-laws were in the field.

Be that as it may, it appears that wife of the petitioner committed suicide in her matrimonial house within two years of the marriage and there is allegation that petitioner being her husband was always torturing his wife due to non fulfillment of demand of dowry, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial, hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order. (Prabhat Kumar Jha, J) BKS/- U T