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Patna High CourtCR. MISC./46578/2015rejected

Mithun Ram v. The State Of Bihar

2016-01-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46578 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -ASAWAN District- SIWAN ======================================================

1. Mithun Ram Son of Ghura Ram, Resident of Village - Sahasaraon, P.S. - Assaon, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 498 (A), 304 (B), 201 and 120 B of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. Suggi Devi, the sister of the informant, was married to the petitioner and thereafter she was being tortured for dowry and ultimately she was killed and her dead body was thrown in a well after tying with stone.

Submission is of false implication and that the petitioner has performed love marriage so question of demanding dowry does not arise, there is no specific allegation against the petitioner, other co-accused have been allowed bail and the

Patna High Court Cr.Misc. No.46578 of 2015 (6) dt.19-01-2016 2/2 petitioner is suffering in custody since 27.04.2015 and as such he deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the dead body was dumped into the well.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Assaon P.S. Case No. 28 of 2014 pending in the court of C.J.M. Siwan.

However, considering detention of the petitioner the learned trial Judge is directed to expedite the trial and to conclude the same preferably within nine months.

(Jitendra Mohan Sharma, J) Abhay/- U T