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Patna High CourtCR. MISC./44674/2018dismissed

Akhilesh Das v. The State Of Bihar

2018-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44674 of 2018 Arising Out of PS.Case No. -40 Year- 2010 Thana -SALAIYA District- AURANGABAD ======================================================

1. Akhilesh Das Son of Rajdeo Das Resident of Village Mangar Bigha, P.S. Salaiya, District - Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra Mishra For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard the parties.

This application is for grant of regular bail in connection with Salaiya P.S.Case no.40 of 2010 for the offences under Sections 304(B), 201 of the Indian Penal Code. Allegation against the petitioner who happens to be husband is of dowry death.

Submission of the learned counsel for the petitioner is that he was not present in the village rather he was at Rajasthan and he has been falsely implicated in this case. Heard learned A.P.P. also, who has opposed the prayer for bail stating that there is allegation that she died during seven years of marriage and there was demand of dowry and torture also and the petitioner happens tobe husband.

Patna High Court Cr.Misc. No.44674 of 2018 (3) dt.18-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, since the petitioner is in custody for more than six months, the learned trial court is directed to expedite the trial.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T