Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63244 of 2017 Arising Out of PS.Case No. -117 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Pradeep Kumar, S/o Bali Mahto, Resident of Village- Surhi, Police Station- Islampur, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv For the Opposite Party/s : Mr. Md. Ashlam Ansari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death 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 to the victim soon before death.

Submission of the learned counsel for the petitioner is that there is no external or internal injury noticed by the Doctor performing the postmortem examination. The petitioner is in custody since 16.01.2017.

Patna High Court Cr.Misc. No.63244 of 2017 (5) dt.02-04-2018 The victim died of illness.

Submission of the learned counsel for the State is that other witnesses have also supported the allegation of demand of dowry and torture for the same before death of the victim.

Considering the presumption against the petitioner, I am not inclined to enlarge him on bail for the present in connection with S.T.No.296 of 2017 (arising out of Islampur Police Station Case No. 117 of 2016) pending in the court of learned 3rd Additional Sessions Judge, Hilsa (Nalanda)/successor court.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail before the learned trial court itself.

(Birendra Kumar, J) Nitesh/- U T