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Patna High CourtCR. MISC./51901/2014dismissed

Papindra Jamadar @ Papindar Jamadar v. The State Of Bihar

2015-01-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51901 of 2014 Arising Out of PS.Case No. -51 Year- 2013 Thana -DANIYAWA District- PATNA ====================================================== Papindra Jamadar @ Papindar Jamadar, Son of Sri Ram Prit Jamadar, Resident of Village Chakdhari, Police Station - Daniawan, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad II, Advocate. For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioner Papindra Jamadar @ Papindar Jamadar seeks bail in Sessions Trial No.167 of 2014, arising out of Daniawan P.S. Case No. 51 of 2013, registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The father of the deceased made allegation that his daughter was tortured by her husband and other in-laws and he came to know that she was killed and her dead body was concealed.

Learned counsel for the petitioner submits that during trial three witnesses including the informant have already been examined but they did not support the prosecution case. The petitioner is in jail since 17.08.2013.

Patna High Court Cr.Misc. No.51901 of 2014 (2) dt.05-01-2015 On the other hand learned APP opposed the prayer for bail.

It appears that petitioner is the husband and from perusal of the record, it appears that there is specific allegation against him that he was torturing his wife and killed his wife due to non-fulfillment of demand of dowry. The trial has already begun.

Considering the facts aforesaid and nature of allegation, I am not inclined to enlarge the petitioner above named on bail. Accordingly, his prayer for bail is rejected. However, the trial court is directed to conclude the trial within six months from the date of receipt/production of a copy of this order, if the trial is not concluded the petitioner may renew his prayer for bail before the court below. (Prabhat Kumar Jha, J.) KKSINHA/- U T