Chhabila Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57616 of 2017 Arising Out of PS.Case No. -296 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chhabila Sah, S/o Bharat Sah, resident of Village- Dharampur, P.S.- Sugauli, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sugauli P.S. Case No.296 of 2015, a case under Section 304B/34 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Motihari.

Petitioner is husband of the victim who died within seven years of marriage in unnatural circumstances in her matrimonial house.

There is allegation of demand of dowry and torture soon before her death. Some other witnesses have also supported the allegation.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.57616 of 2017 (3) dt.05-01-2018 P2/ victim was short tempered and by consuming poison committed suicide. There is no specific allegation against the petitioner rather; the petitioner has actively participated in treatment to save life of the deceased.

Considering the material and presumption of law 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