Sunny Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.43678 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43678 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -AAYAR District- BHOJPUR ====================================================== Sunny Prasad Son of Arun Prasad, resident of village - Baligaon, Police Station - Ayar, District - Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Madan Jeet Kumar For the Opposite Party : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 23.07.2015 in a case instituted under Section 304(B)/34 of the Indian Penal Code in connection with Ayar P.S.Case No.42 of 2015 pending in the Court of CJM, Bhojpur at Ara.

As per prosecution case, it is a case of murder of informant's married daughter, namely, Soni Devi by the accused persons due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.07.2015 Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. There is

Patna High Court Cr.Misc. No.43678 of 2015 (3) dt.30-11-2015 no allegation of tampering of evidence against the petitioner. There is no direct or indirect evidence against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the FIR and he is the husband of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

Anyhow, the court below is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) B.Kr./- U T