Vikash Kumar Soni @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58417 of 2023 Arising Out of PS. Case No.-436 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Vikash Kumar Soni @ Vikash Kumar S/O Chandeshwar Prasad Soni R/O Village Bankatwa Ward No.21, P.S.- Bagaha, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Bagaha P.S. Case No. 436 of 2023 instituted for the offence under Sections 304(B) and 34 of the Indian Penal Code. It is case of dowry death of the informant's sister by the petitioner along with other due to non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that there is no prior complaint in respect of dowry demand and ill treatment. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since
Patna High Court CR. MISC. No.58417 of 2023(4) dt.05-12-2023 2/2 20.06.2023.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and during investigation, witnesses supported the prosecution case and as per postmortem report, doctor opined that the cause of death of the deceased is asphyxia due to strangulation. Petitioner being the husband of the informant had full responsibility to keep his wife with dignity and honour which he did not do so.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J) Shubham/- U T