Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26163 of 2018 Arising Out of PS. Case No.-96 Year-2017 Thana- FATEHPUR District- Gaya ====================================================== Satish Kumar S/o Ramchandra Sharma, R/o Vill.- Dharhara Kala, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ahtash Ali Khan, APP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Fatehpur P.S. Case No. 96 of 2017 for offences under Sections 304B and 34 of the Indian Penal Code. Accusation is that within a year of marriage the informant's daughter with the petitioner's son was killed by setting fire over her body as the demand of further dowry made by father-in-law, the petitioner, and the husband was not fulfilled.

Learned counsel for the petitioner submits that the the daughter of the petitioner died due to accidental burn injury while she was preparing meal and she was brought to hospital for treatment and the husband is in custody.

Learned counsel for the State submits that in the diary

Patna High Court Cr.Misc. No.26163 of 2018(5) dt.03-08-2018 2/2 there is nothing to show that it was an accidental burn injury and it was deep burn injury, as per the post mortem report, and she died within 24 hours and there is specific accusation only against the husband and this petitioner.

Having considered the nature of offence and accusation against the petitioner presently the prayer for bail of the petitioner is rejected.

However, the trial Court is directed to expedite the trial and preferably conclude it within a year. If the trial does not get concluded, within the stipulated time, the petitioner, if so advised, may renews his prayer for bail.

(Arun Kumar, J) ShamshadSaurabh/- U T