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Patna High CourtCR. MISC./63806/2019rejected

Ashish Kumar Singh @ A. Kumar v. The State Of Bihar

2020-03-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63806 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== ASHISH KUMAR SINGH @ A. KUMAR Son of Ashok Kumar Singh Resident of village-Sukhasan, P.S-Madhepura, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2020 Heard both sides.

The petitioner seeks bail in Madhepura P.S. case No. 350/ 2019 registered under Section 304B/34 of the Indian Penal Code.

The informant alleged that his daughter was married to the petitioner on 07.05.2015 but after marriage the petitioner and his family members subjected her to all sorts of torture. On 12/ 13.04.2019 the petitioner informed the son of informant on his mobile that Shweta Kumari fell ill and she was being treated in Mission Hospital, Madhepura. The informant along with his son and other villagers rushed to the hospital but Shweta Kumari was found dead.

The learned counsel for the petitioner submits that petitioner took his wife to hospital for treatment. The petitioner

Patna High Court CR. MISC. No.63806 of 2019(4) dt.05-03-2020 2/2 never demanded any dowry but it appears from the post mortem report that the deceased was strangulated to death and she did not die of any illness. The petitioner is the husband of the deceased.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial, hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order.

The Superintendent of Police, Madhepura is directed to ensure the attendance of prosecution witness of Madhepura P.S. case No. 350/2019 in the trial court during the course of trial so that trial must be concluded within one year. Let a copy of this order be sent to the Superintendent of Police, Madhepura and the trial court for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T