Anish Kumar @ Anish Kumar Sah @ Sonu Kumar @ Sonu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26223 of 2018 Arising Out of PS. Case No.-113 Year-2016 Thana- NIRMALI District- Supaul ====================================================== Anish Kumar @ Anish Kumar Sah @ Sonu Kumar @ Sonu Kumar Sah, Son of Late Satya Narayan Sah, resident of Police Station- Nirmali, DistrictSupaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A, 304B, 201/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture, assault and thereafter committed murder of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.08.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made

Patna High Court Cr.Misc. No.26223 of 2018(4) dt.10-07-2018 2/2 accused due to mistake of fact. At the relevant time, the petitioner was residing in Nepal. There is no substantive evidence to show his implication in the present case. On behalf of the State, it is stated that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is on him to explain the cause of death of his wife. Considering the nature of accusations made in the present case, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Pankaj/- U T