Patna High CourtCR. MISC./27649/2018dismissed

Ravi Kishor Singh @ Pintu @ Pintu Kumar v. The State Of Bihar

2018-07-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27649 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== RAVI KISHOR SINGH @ PINTU @ PINTU KUMAR, S/o Shyam Kishor Singh @ Pankaj Kumar, R/o Village- Fulpura, P.S.- Bidupur, DistrictVaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rina Sinha, Advocate. For the Opposite Party : Mr. Nityanand Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 18.03.2017 in a case for the offence registered under Sections 323, 341, 326, 307, 498(A) and 120(B) of the IPC. Later on Section 304(B) of the IPC was also added.

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

Patna High Court Cr.Misc. No.27649 of 2018 (4) dt.09-07-2018 2/2 allegation of tampering with the witnesses alleged against the petitioner. The alleged incident is said to have taken place after seven years of marriage. Hence, no offence under Section 304(B) of the IPC is made out in the present case.

On behalf of the learned counsel for the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The F.I.R. itself is the dying declaration. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 414 of 2017, arising out of Bidupur P.S. Case No. 21 of 2017, pending in the court of learned Additional Sessions Judge-V, Vaishali at Hajipur. The court below is directed to take all necessary steps to expedite the trial.

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