Patna High CourtCR. MISC./48561/2014rejected

Rajesh Kumar @ Rajesh Sah v. The State Of Bihar

2015-05-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48561 of 2014 Arising Out of PS.Case No. -96 Year- 2014 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Rajesh Kumar @ Rajesh Sah S/o Ram Chandra Sah Resident of Village Pandeypur, P.S. Indrapuri, District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-05-2015 Heard counsel for the petitioner and learned APP for the State.

This is an application for grant of bail on behalf of the petitioner in Dehri P.S. Case No. 96 of 2014 for the offence punishable under sections 304-B and 201/34 IPC. Within one and a half years of marriage the wife of the petitioner was done to death inside the matrimonial home. The brother of the deceased who is the informant of the case has also alleged non fulfilment of demand of dowry and torture against the petitioner. An attempt was made to dispose of the dead body. The counsel for the petitioner states that there is no direct material/evidence in the case diary that the husband was

Patna High Court Cr.Misc. No.48561 of 2014 (3) dt.14-05-2015 2 / 2 present inside the house. Owing to certain quarrel between the family members the deceased consumed poisonous substance. The petitioner is languishing in jail since 15.05.2014. Learned APP, on the other hand, opposed the prayer and submitted that the witnesses examined in course of investigation supported the unnatural death of the deceased inside the matrimonial home.

Having regard to the facts appearing from the record as also from the impugned order, this Court is not inclined to release the petitioner on bail. His prayer for bail is accordingly rejected. However, considering the fact that he is in custody for nearly one year, this Court grant the petitioner liberty to renew his prayer for bail if the charges are not framed within ten months from the date of receipt/production of a copy of this order in the trial court.

(Kishore Kumar Mandal, J) HR/- U