Bhola Mishra @ Damdam @ Damdam Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56131 of 2018 Arising Out of PS. Case No.-102 Year-2017 Thana- TEKARI District- Gaya ====================================================== Bhola Mishra @ Damdam @ Damdam Mishra, Son of Nakul Mishra, Resident of Village- Bhainsmara, Police Station- Tekari, District- Gaya. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2 For the Opposite Party/s :
Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner.
Petitioner prays for bail in connection with Tekari P.S.Case No. 102 of 2017 registered for the offences punishable under Sections 304B, 201, 120B, 34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Allegation against the petitioner is of causing dowry death and petitioner happens to be husband of the deceased and the victim lady had informed her mother on 10.3.2017 about demand of motorcycle and on 16.3.2017 the informant was informed that his daughter fell down from the staircase and informant went her sasural found dead body of her daughter was disposed of by the accused persons.
Submission of learned counsel for the petitioner is that petitioner has informed the informant about the occurrence
Patna High Court Cr.Misc. No.56131 of 2018(3) dt.01-11-2018 2/2 and as such it cannot be said that he has killed the deceased, rather deceased died due to fall from the staircase and petitioner is in custody for more than four months.
Heard learned APP also, who has opposed the prayer for bail.
Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.
However, let the trial be expedited.
(Vinod Kumar Sinha, J) spal/- U T