Rinku Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61406 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================
1. Rinku Gupta S/o Late Tuntun Saw, R/o Village- Dawath, P.S.- Dawath, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Om Prakash Upadhyay, Adv. For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.
Petitioner is husband of the victim of dowry death who died within one and half years of her marriage in unnatural circumstances and the dead body was disposed of without information to the police or to the parents. There is allegation of demand of dowry and torture for the same before death. Other witnesses have also supported the aforesaid allegation.
Submission is that the petitioner is in custody since 29.06.2017. The victim died a natural death
Patna High Court Cr.Misc. No.61406 of 2017 (7) dt.27-03-2018 and dead body was cremated in presence of her parents and thereafter just to pressurize, false case has been lodged. Considering the material available and the presumption against the petitioner, I am not inclined to enlarge him on bail in connection with Dawath Police Station Case No. 76 of 2017 pending in the court of learned S.D.J.M., Bikramganj, District-Rohtas/successor court. Hence, prayer for bail is refused.
The learned trial court is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt/production of a copy of this order without allowing any unnecessary adjournments to any of the parties.
Let the Superintendent of Police, Rohtas be informed to take appropriate steps for production of prosecution witnesses in this case.
(Birendra Kumar, J) Nitesh/- U T