Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64552 of 2018 Arising Out of PS. Case No.-155 Year-2017 Thana- SOHSARAI District- Nalanda ====================================================== Pintu Kumar son of Suresh Yadav, Resident of Village- Kathal Tola, P.S. Sohsarai, District Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Miss. Preety Kunwar, Adv.

For the Opposite Party/s :

Mr. Sri Anish Chandra, APP183 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sohsarai P. S. Case No. 155 of 2017 instituted for the offence under Section(s) 304(B)/34 of the Indian Penal Code.

Petitioner is husband of the deceased. In the written report, it is alleged that petitioner was working as Constable in RPF. He has caused death of his wife along with other family members by strangulation for non fulfillment of demand of dowry.

The case diary has been received.

Learned APP after looking into case diary has submitted that doctor opined the cause of death asphyxia due to

Patna High Court Cr.Misc. No.64552 of 2018(3) dt.26-11-2018 2/2 strangulation.

Learned counsel for the petitioner has submitted that this petitioner was on duty. He has applied for leave on 20.07.2017. In support of such submission the application has been annexed as Annexure- 3 to the bail petition. This Court is of the view that plea of alibi can be looked into at the appropriate stage of trial. There is specific allegation against the petitioner in the written report. He is husband of the deceased. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. Trial court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T