Raghu Vansh Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51434 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -DURAULI District- SIWAN ======================================================

1. Raghu Vansh Prasad Gupta Son of Harinath Gupta, R/o Village- Tarwa Parasiya, P.S.- Darauli, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Darauli P.S. Case No.77 of 2017, a case under Sections 328/304B/34 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Siwan.

The petitioner is husband of Pinki Kumari, who died within three years of her marriage in her matrimonial house, in unnatural circumstances. There is allegation of demand of dowry and torture for the same.

During investigation some of the witnesses have supported the demand of dowry and torture.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.51434 of 2017 (5) dt.17-01-2018 P2/ some other witnesses have stated that due to some quarrel, relating to gift brought by the brother of the victim for the son of the victim, between the husband and wife, the petitioner slapped the brother of the victim and she committed suicide. Considering the presumption of law against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T