Tuntun Basfor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5591 of 2024 Arising Out of PS. Case No.-110 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== Tuntun Basfor S/O LALBABU BASFOR, R/O VILL- JAMO BAZAR, P.SJAMO BAZAR DIST- SIWAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Bardhan Pandey For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Janta Bazar P.S. Case No.110 of 2022 registered for the offence under Sections 304B/201/34 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of the daughter of the informant due to nonfulfillment of the demand of dowry. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner is husband of the deceased and he has never made any demand of dowry and he was in Surat for his livelihood and not committed

Patna High Court CR. MISC. No.5591 of 2024(3) dt.05-04-2024 2/3 any offence as alleged in the FIR. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 09.05.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that there is specific allegation against this petitioner. 6.

In view of the submissions, as made above, as there is specific allegation as regard to demand of dowry and torturing the deceased against this petitioner and other coaccused persons and as it appears from paragraph nos.3, 35, 52, 76 of the case diary supported the version of prosecution and witnesses have stated in their statement specifically against this petitioner petitioner and as the dead body of the deceased had also disappeared by the accused persons and as there is demand of dowry before the death of the deceased, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the trial within a period of 06 (six) months from the date of receipt of a copy of this order and if the trial could not be concluded within specified period, the petitioner would be at liberty to

Patna High Court CR. MISC. No.5591 of 2024(3) dt.05-04-2024 3/3 renew the prayer for bail of the petitioner.

(Ramesh Chand Malviya, J) S.Katyayan/- U T