Bipul Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.16958 of 2017 (4) dt.30-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16958 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Bipul Tiwari Son of Sri Mathura Tiwari Resident of Village - Azad Nagar (Muhalla), P.S. - Aurangabad (Town), District: Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner seeks bail in Aurangabad Town P.S. Case No. 220 of 2016 instituted for the offence under Sections-304B, 201/34 of the Indian Penal Code.

The petitioner is husband of the deceased. There is allegation that the deceased was done to death in her Sasural by this petitioner and other accused for demand of dowry and her dead body was disposed off without informing the family members of the deceased.

The C.D. has been received.

The learned APP has submitted that the witnesses have supported the prosecution case in their statement recorded in case

Patna High Court Cr.Misc. No.16958 of 2017 (4) dt.30-06-2017 diary. It is further submitted that the dead body of the deceased was disposed off without giving information to the family members of the deceased. The informant has further submitted that in paragraph-44 of the case diary, it has come that the deceased was pregnant at the time of her death. In such circumstances, at this stage this court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.

Since the petitioner is in custody since 24-10-2016, the learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order. The petitioner is given liberty to renew his prayer for bail if his trial is not concluded within nine months. In the event, the case of the petitioner is not concluded within nine months, the court below will give reasons in bail order for non-conclusion of trial of the case.

(Sanjay Priya, J) A.K.V./- U T