Mahendra Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38711 of 2015 Arising out of PS.Case No. -16 Year- 2015 Thana -KHUDWAN District- AURANGABAD ====================================================== Mahendra Sao, S/o- Sri Govind Sao, resident of Village- Ram Nagar, P.S.- Khudwan, District- Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 08.05.2015 in connection with Khudwan P.S. Case No. 16 of 2015 for the offences instituted under Sections 304(B) and 201/34 of the IPC. The prosecution story, in brief, is that the deceased was married with the petitioner and since the date of marriage, the accused persons started demanding one motor cycle and Rs.50,000/- cash for which inability to pay shows by the informant and on 14.03.2015 the informant came to know that deceased has been caused dowry death by burning and her dead body has been

Patna High Court Cr.Misc. No.38711 of 2015 (3) dt.08-10-2015 2/3 destroyed and when he reached at the house of the accused persons, he saw that some goods in the house in burning condition and none was found there. So, the informant has alleged that this petitioner alongwith his other family members caused dowry death of the deceased by burning. So, the F.I.R. itself shows that there is allegation of causing dowry death of the deceased against the petitioner alongwith other family members for fulfillment of further dowry demand and the deceased was subjected to cruelty since the date of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 08.05.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the occurrence. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Khudawan P.S. Case No. 16/2015, pending in the court of the learned S.D.J.M., Daudnagar, Aurangabad. Anyhow, the Trial

Patna High Court Cr.Misc. No.38711 of 2015 (3) dt.08-10-2015 3/3 Court is directed to take necessary steps to expedite the trial and conclude the same preferably within a period of six months from the date of receipt/production of copy of this order. (Sudhir Singh, J) U.K./- U T