Shanker Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40995 of 2014 Arising Out of PS.Case No. -71 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shanker Sah Son of Ram Babu Sah, Resident of village- Bridaban, P.S.- Kalyanpur, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Shankar Shrivastava For the Opposite Party : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2015 Petitioner being husband of the victim is languishing in custody since 03.04.2014 in a case registered for the offences punishable under Sections 302/34 of the I.P.C. Accusation is killing the daughter of the informant after ten months of the marriage for non-fulfilment of dowry demand. The postmortem reflects cause of death as strangulation.

It is submitted by learned counsel for the petitioner that victim was not comfortable in the matrimonial house as a result she committed suicide.

Considering the fact that victim died after ten months of the marriage and the charge-sheet has been submitted under Section 302 of the I.P.C, this Court is not inclined to grant bail to the petitioner at present. However, if the trial is not concluded within a period of one year then

Patna High Court Cr.Misc. No.40995 of 2014 (3) dt.22-01-2015 2/2 petitioner will be at liberty to renew his prayer for bail. Accordingly the application is dismissed in connection with Kalyanpur P.S. Case No. 71 of 2014, pending in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran.

(Dinesh Kumar Singh, J) Shageer/- U T