Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62034 of 2018 Arising Out of PS. Case No.-165 Year-2017 Thana- KHODAWANDPUR District- Begusarai ====================================================== Mohan Sah, S/o Murli Sah @ Murlee Sah, resident of village- Bariyarpur West, P.S.- Khodabandpur, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Heard the parties.

This application is for grant of regular bail in connection with S.T. No.620 of 2017 arising out of Khodabanpur P.S.Case No.165 of 2017 for the offences under Sections 304(b)/34 of the Indian Penal Code. Allegation against the petitioner is of dowry death. The petitioner happens to be the husband.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him and he is in custody since 9.10.2017 and up-till-now the charge has not been framed.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that the death is due to hanging and there is demand of dowry also. The dead body was recovered from

Patna High Court Cr.Misc. No.62034 of 2018(3) dt.22-11-2018 2/2 the house of the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, since the petitioner is in custody for more than one year, the learned trial court is directed to expedite the trial and if possible to conduct it on regular basis.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T