Patna High CourtCR. MISC./52025/2018dismissed

Bineet Kumar @ Shanu Pandey @ Vinit Kumar Shanu Pandey v. The State Of Bihar

2018-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52025 of 2018 Arising Out of PS.Case No. -260 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Bineet Kumar @ Shanu Pandey @ Vinit Kumar Shanu Pandey S/o Sato Pandey , R/o Vill.- Gabai (Sheikhpura), P.S.- Sheikhpura, DistrictSeikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections-342, 323, 307, 324, 498A/34 of the Indian Penal Code and later on, Section-304(B) of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act was also added.

Allegation against the petitioner 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 is in custody since 21-05-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. Neither there is evidence to substantiate the

Patna High Court Cr.Misc. No.52025 of 2018 (2) dt.05-09-2018 implication of the petitioner nor the witnesses have supported the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is husband of the deceased. The onus is on him to explain the cause of death of the deceased. In course of treatment, the deceased has also supported the allegation, made in the FIR.

Considering the aforesaid facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sheikhpura P.S. Case No. 260 of 2018 stands rejected.

The trial court is directed to take all necessary steps to expedite the trial of the petitioner.

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