Sanjay Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82459 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- CHENARI District- Rohtas ====================================================== SANJAY SETH Son of Shiv Narayan Seth @ Shivji Singh Resident of Village - Telari, P.S.- Chenari, Distt - Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Chenari P.S. Case No. 106/2019, registered under Section 304(B)/34 of the Indian Penal Code pending in the Court of Sri. A.V.D. Dubey, A.C.J.M.-IV-cum-SJ, Sasaram, Rohtas.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Petitioner is unfortunate husband of the deceased. There is no dispute between the petitioner and his wife and they were leading happy conjugal life. From the F.I.R., it appears there is no demand of any dowry leading to torture or assault to the deceased. Petitioner is in custody since 01.08.2019. Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.82459 of 2019(2) dt.20-01-2020 2/2 opposed the prayer of the petitioner with submission that as per Para 6 of the Case Diary it is clear that the place of occurrence is room and the room was blackish due to fire. It is also submitted that if the deceased was burnt herself she fled away all over in the house. It transpires that the allegation against the petitioner is under Section 304(B)/34 of the Indian Penal Code. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) brajesh/- U