Shivnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59776 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Shivnath Rai S/o Jimdar Rai, R/o Village- Mohanpur, (Lankatola), P.S.- Raghopur, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Raghopur P.S. Case No.91 of 2016, a case under Section 304B/34 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur.

Wife of this petitioner died in unnatural circumstances within one year of marriage in her matrimonial house. There is allegation of demand of dowry and torture for the same against the petitioner also soon before her death and death was caused by poisoning. The case-diary would reveal that some other witnesses have supported the allegation of demand of dowry

Patna High Court Cr.Misc. No.59776 of 2017 (3) dt.11-01-2018 P2/ and torture. Petitioner is in custody since 01.08.2017. Considering the aforesaid material 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 and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order.

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