Patna High CourtCR. MISC./33579/2017dismissed

Ram Shankar Singh v. The State Of Bihar

2017-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33579 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Ram Shankar Singh, Sono f bangali Singh, Resident of VillageAhmadpur, Police Station-Sarai Ranjan, District-Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mazharul Hassan For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Sarai Ranjan P.S.Case No.187 of 2016, registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Allegation against the petitioner is of dowry death. The petitioner appears to be husband.

Submission of the learned counsel for the petitioner is that the marriage was solemnized seven years prior, as such there is no application of Section 304(B) of the I.P.C. and further submission is that there is delay of three months in lodging the F.I.R. and the deceased has died due to diarrhea. The petitioner is in custody for about six months.

Patna High Court Cr.Misc. No.33579 of 2017 (5) dt.05-09-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail stating that there is nothing in the diary to show that she died due to diarrhea and he had not informed the family members of the deceased. She died in abnormal circumstances. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed. However, as the petitioner is in custody for about six months, the learned court below is directed to expedite the trial of the petitioner.

(Vinod Kumar Sinha, J) chn/- U T