Patna High CourtCR. MISC./19642/2016dismissed

Sukhari Manjhi v. The State Of Bihar

2016-09-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19642 of 2016 Arising Out of PS.Case No. -736 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sukhari Manjhi, Son of Sudhu Manjhi, resident of village - Jai Singhpur, P.S. Turkaulia, district - East Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party : Mr. P.K. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 11.10.2015 in connection with Turkaulia P.S. Case No. 736 of 2015 for the offences instituted under Sections 304(B)/34 of the IPC. The accusation is of killing the sister of the informant for non-fulfilment of dowry demand by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.10.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner has falsely been

Patna High Court Cr.Misc. No.19642 of 2016 (4) dt.06-09-2016 2/2 implicated in the present case. The deceased is alleged to have committed suicide.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased. The onus is upon the petitioner to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Turkaulia P.S. Case No. 736 of 2015, corresponding to G.R. Case No. 5600 of 2015, pending in the court of the learned C.J.M., East Champaran at Motihari. The court below is directed to take all necessary steps to expedite the trial.

U.K./- (Sudhir Singh, J) U T