Patna High CourtCR. MISC./74398/2019dismissed

Rupesh Kumar Jha v. The State Of Bihar

2020-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74398 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- BANGAWON District- Saharsa ====================================================== RUPESH KUMAR JHA Son of Shri Jatashankar Jha Resident of VillageMurli Basantpur, P.S.- Bangaon, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mrs. Meera Singh, Adv.

For the State :

Mr.Dilip Kumar No. 1 For the informant : Mr. Sanjay Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered under Sections 304B, 302/34 of the Indian Penal Code. The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-08-2019. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive

Patna High Court CR. MISC. No.74398 of 2019(3) dt.05-03-2020 2/2 evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. On behalf of the State and the informant, it is submitted that the petitioner is named in the FIR. He is husband of the deceased. The witness in paragraph-35 of the case diary has stated that at the instance of the petitioner, the alleged occurrence is said to have taken place. The postmortem report supports the allegation made in the FIR.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Bangaon P.S. Case No. 88 of 2019 is rejected.

Learned trial court is directed to expedite the trial of the petitioner.

(Sudhir Singh, J) A.K.V.//- U T