Patna High CourtCR. MISC./3773/2018rejected

Nitesh Singh @ Nitish Singh @ Nitesh Kumar Singh v. The State Of Bihar

2018-06-25Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3773 of 2018 Arising Out of PS.Case No. -358 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Nitesh Singh @ Nitish Singh @ Nitesh Kumar Singh S/o Jagarnath Singh, R/o Village- Harchandpur, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-06-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, already in custody, seeks bail in connection with Kahalgaon P.S.Case No. 358 of 2016, registered under Sections 304 (B)/34 of the Indian Penal Code. The allegation in brief is that within four months of marriage, the deceased (daughter of informant) was killed by the petitioner and in laws due to non fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner has falsely been implicated only on the basis of suspicion and all allegations are general and omnibus in nature. It is further submitted that the deceased did not like her husband and she was not happy with the marriage and due to that reason she

Patna High Court Cr.Misc. No.3773 of 2018 (8) dt.25-06-2018 2/2 committed suicide and the petitioner is in custody since 16.10.2017. It is also submitted that the father-in-law and motherin-law of the deceased have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 27.04.2017 passed in Cr. Misc. No. 12330 of 2017. Having considered the aforesaid facts and circumstances that the deceased was killed within four months of marriage with the petitioner on account of non fulfillment of demand of dowry so, the prayer for bail of the petitioner is rejected at this stage.

The Trial Court is directed to expedite the trial and preferably conclude the same within one year from the date of framing of charge against the petitioner.

(Arun Kumar, J) Sudha/Sneha U T