Patna High CourtCR. MISC./51377/2017rejected

Guddu Kumar v. State Of Bihar And ANR

2018-01-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51377 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Guddu Kumar S/o Satyendra Rai, R/o Village- Chitnawan, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandan Rai S/o Late Pachu Rai, R/o Village- Hulasi Tola, P.S.- Maner, District- Patna.

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, 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 Maner P.S. Case No.90 of 2017, a case under Section 304B/34 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna. The petitioner is husband of the victim Puja Kumari. Puja Kumari died within two years of marriage in her matrimonial house in unnatural circumstance. There is allegation of demand of dowry and torture for the same before death. Other witnesses have also supported the allegation of demand of dowry and torture before the police. The petitioner is in custody since

Patna High Court Cr.Misc. No.51377 of 2017 (4) dt.17-01-2018 P2/ 13.04.2017.

Learned counsel for the petitioner submits that there is no eyewitness of the occurrence. The informant has improved his case in the statement before police under Section 161 Cr.P.C. Subsequently, he came to know about the truth and filed compromise petition.

Considering the presumption 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