Patna High CourtCR. MISC./5720/2018dismissed

Prafull Kumar Pandey v. The State Of Bihar

2018-02-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5720 of 2018 Arising Out of PS. Case No.-563 Year-2017 Thana- BUXAR District- Buxar ====================================================== Prafull Kumar Pandey S/o Late Rabindra Pandey, R/o Village- Charitraban, College Gate, P.S.- Buxar Nagar, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Buxar Nagar P.S. case No.563 of 2017 registered under Sections 498A, 328 and 304B/34 of the Indian Penal Code, pending in the court of C.J.M., Buxar. Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.09.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the

Patna High Court Cr.Misc. No.5720 of 2018(3) dt.26-02-2018 2/2 present case nor there is any eye witness to the alleged occurrence.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T