Sandip Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26928 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Sandip Tiwary son of Nagendra Tiwary resident of Village - Sareya Pahar, P.S. Sidwalia, District - Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with his family members has tortured and killed the grand-daughter of the informant due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that he is in custody since 29.2.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. On the alleged date of occurrence he was not there. There is no eye witness to the alleged occurrence. The deceased is alleged to have committed suicide.

On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R. and is husband of the deceased. Onus is upon the petitioner to explain the cause of death. Although it is a case of suicide but still petitioner is the abettor.

Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.26928 of 2016 (3) dt.29-08-2016 2/2 not inclined to grant bail to the petitioner, same is rejected. Learned court below at Gopalganj, is directed to take all necessary steps to expedite the trial of the petitioner in connection with Sidhwalia P.S. Case no. 41 of 2015.

(Sudhir Singh, J) sudip/- U T