In a bail application under Sections 304(B) and 34 IPC arising from a dowry death case, the Patna High Court rejected the petitioner's claim of false implication and denied bail, directing the Trial Court to conclude the trial within nine months.
Bail application rejected. Trial directed to be concluded within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12167 of 2019
Arising Out of PS. Case No.-547 Year-2018 Thana- KISHANGANJ District- Kishanganj
======================================================
Khatibur Rahman @ Khatibur Raheman Son of Tabibur Rahman @ Md. Tabibur Raheman R/o village- Mahalana, P.S- Kishanganj , Dist- Kishanganj
... ... Petitioner/s
Versus
| The State of Bihar =============== |
==== | ... ... Opposite Party/s =================================== |
|---|---|---|
| Appearance : For the Petitioner For the State |
: : |
Mr. Sunil Kumar, Advocate Mr. Mukeshwar Dayal, APP |
| For the Informant =============== |
: ==== |
Mr. Dilip Kumar Singh, Advocate =================================== |
| CORAM: HONOU | RABL | E MR. JUSTICE SUDHIR SINGH ORAL ORDER |
6 02-07-2019
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
The petitioner seeks bail in Kishanganj P.S. case No.547 of 2018 registered under Sections 304(B)/34 of I.P.C., pending in the court of Chief Judicial Magistrate, Kishanganj.
Allegation is that the accused persons including the petitioner caused murder of the sister of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated
Patna High Court CR. MISC. No.12167 of 2019(6) dt.02-07-2019 2/2
in the present case. The deceased is said to have committed suicide. The marriage had taken place beyond seven years. The petitioner had given loan to the parents of the deceased. Hence a false case has been instituted.
On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. The trial is already in progress. As per the postmortem report, there are injuries caused by hard and blunt substance. The allegation made in the F.I.R. is supported from eye witness, whose statement has been recorded in paragraph 21 of the case diary.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted in a case alleging dowry-related death under Sections 304(B) and 34 of IPC pending in a Special Court.
1 provisions across 1 enactments
Khatibur Rahman @ Khatibur Raheman
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
