Shivnandan Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.37160 of 2017 (3) dt.31-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37160 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Shivnandan Mahto, Son of Ram Ratan Mahto, Resident of VillageTikapur, P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 165 of 2016, registered for offences punishable under Section 304(B), 201/34 of the Indian Penal Code.

Petitioner is husband of the deceased and allegation against him is of committing dowry death of the deceased. It has been submitted on behalf of the petitioner that from perusal of the entire materials available on record, there is nothing to show that the deceased was ever tortured or ill treated in connection with demand of dowry and, therefore, there is no application of Section 304B of Indian Penal Code in this case. Further petitioner has been in judicial custody since 15.04.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.37160 of 2017 (3) dt.31-08-2017 Having heard both sides, considering the allegations made in F.I.R as well as the fact that petitioner is husband and the case is of dowry death, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the commitment of the case and after commitment try to conclude the same within a period of six months.

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