Azad Sah @ Azad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30324 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -MATIHANI District- BEGUSARAI ======================================================
1. Azad Sah @ Azad Kumar S/o Ram Jivan Sah, R/o Vill.- Chakbali Diara, P.S.- Matihani, Distt.- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Adv For the Opposite Party/s : Mr. Sri Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Petitioner is husband of the victim of dowry death. Wife of the petitioner died within seven years of her marriage in her matrimonial house in unnatural circumstances i.e. either by hanging herself, as claimed by the petitioner that it is a case of suicide or by committing suicide due to torture given by the family members due to non-fulfillment of dowry demand. The witnesses have supported that there was demand of dowry and torture for the same since last one year.
Patna High Court Cr.Misc. No.30324 of 2018 (3) dt.05-07-2018 2/2 Submission of the learned counsel for the petitioner is that some other witnesses have stated before the police that the victim committed suicide due to frustration as she had no issue in spite of marriage three year back. Later on, the informant also filed a petition that under some misconception he had lodged the case.
Considering the nature of allegation, presumption of law against the petitioner as well as material available on the record, I am not inclined to enlarge the petitioner on bail in connection with Matihani Police Station Case No. 12 of 2017 pending in the court of learned A.C.J.M.-IV, Begusarai/successor court.
Hence, prayer for bail is refused.
The learned trial court is directed to expedite the trial.
(Birendra Kumar, J) Nitesh/- U T