Shambhu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65084 of 2022 Arising Out of PS. Case No.-131 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Shambhu Pandit S/O Jiyalal Pandit @ Jiyala Pandit R/O Village- Salahpur, P.S.- Salahpur, P.S.- Karja, Distt- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.65084 of 2022(3) dt.05-07-2023 2/2 languishing in judicial custody since 27.05.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner and co-accused committed murder of the informant's daughter due to non-fulfillment of dowry demand and buried her dead body at the bank of a canal. As per postmortem report which is annexed with case diary, wherein doctor opined cause of death asphyxia due to strangulation. It is further alleged that several witnesses supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of committing murder by tying rope in the neck of the deceased, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same within one year.

(Sunil Kumar Panwar, J) Manishkumar/- U T