Shalendar Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32978 of 2015 Arising Out of PS.Case No. -440 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shalendar Patel Son of Dinkar Patel, resident of vill. - Baijnathpur, P.S. - Jharokhar, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Haribhajan Patel Son of Rambharos Patel, of Vill. - Sathaura, P.S. - Jharokhar, District -East Champaran.

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Petitioner is permitted to make necessary correction in para-5 of the petition.

Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304B, 201 and 120B of the Indian Penal Code. Allegation against the petitioner is of killing daughter of the informant due to non-fulfilment of demand of additional dowry.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 8.9.2014. Chargesheet has been submitted in this case. There is no material to suggest that petitioner is tampering with the evidence. Petitioner has been implicated due to mistake of fact. There is no eye witness to the occurrence. The matter has been compromised between the parties.

On behalf of the State, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.32978 of 2015 (3) dt.05-10-2015 2 / 2 named in the F.I.R. and husband of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. The trial court, i.e., learned C.J.M., Motihari, East Champaran is directed to take all necessary steps to conclude the trial of Ghorasahan P. S. Case no. 440 of 2013/G.R. no. 2050 of 2013 preferably within a period of six months taking into account that the matter has been compromised between the parties. (Sudhir Singh, J) sudip/- U T