Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40551 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -LADANIA District- MADHUBANI ====================================================== Santosh Ram, S/o Laxmi Ram, R/o Vill.- Kamtauliya, P.S.- Ladaniya, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.09.2017 in a case for the offence registered under Sections 498(A), 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.40551 of 2018 (3) dt.18-08-2018 2/2 case. There is no substantive evidence to suggest the implication of the petitioner in the present case nor there is eye witness to the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case. He is husband of the deceased. The onus is on him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Ladaniya P.S. Case No. 186 of 2017, S.T. No. 99/18, pending in the court of learned Additional Sessions JudgeVII, Madhubani. The court below is directed to expedite the trial. U.K./- (Sudhir Singh, J) U T