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Patna High CourtCR. MISC./68894/2018bail rejected

Rohit Kumar v. The State Of Bihar

2019-02-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68894 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== Rohit Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 14.3.2018 in a case registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

The prosecution case as per the written report of Bharat Kumar Bharat dated 6.3.2018 submitted to the SHO, Parbatta Police Station is to the effect that the daughter of the informant was married with the petitioner on 4.5.2017 but subsequent to the marriage, there was further dowry demand and due to nonfulfillment of the same, torture was inflicted upon her. It is further alleged that on 5.3.2018, the informant's daughter's mobile phone was found switched off when the informant went to the matrimonial house of his daughter, the house was found locked. Thereafter, the neighbours informed the informant that

Patna High Court Cr.Misc. No.68894 of 2018(7) dt.21-02-2019 2/2 his daughter has been killed and the dead body has been disposed of.

It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence and the petitioner, at the relevant time, was in the State of Jharkhand. It is further submitted that the investigation has already been concluded. Learned APP and learned counsel for the informant submit that the dead body of the informant's daughter was exhumed from the bank of river and the thrust of accusation is against the petitioner. Learned counsel for the informant further submits that the informant will cooperate in the trial. Considering the fact that the victim died within one year of marriage, this Court is not inclined to grant bail to the petitioner in connection with Parbatta P.S. Case No. 67 of 2018 pending in the Court of the learned ACJM I, Khagaria. Let the trial be expedited.

(Dinesh Kumar Singh, J) anil/- U