Bail application rejected under Section 437 CrPC. Petitioner, husband of deceased charged with IPC 304-B/34 due to dowry demand, held no antecedents. Court denied bail noting onus on husband to explain death and ordered speedy trial.
Application for bail rejected; order to conclude trial within nine months issued.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12586 of 2019
Arising Out of PS. Case No.-86 Year-2018 Thana- DAGARUA District- Purnia
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Ahtasham @ Md. Ahtasham, aged about 28 years, Son of Md. Washik, Resident of Village - Belgachhi, Karwola Tola, P.S.- Dagaruwa, District - Purnea.
... ... Petitioner
Versus
The State of Bihar
| ============== | ===== | ... ... Opposite Party =================================== |
|---|---|---|
| Appearance : | ||
| For the Petitioner For the State For the Informant ============== |
: : : ===== |
Mr.Vikram Singh, Advocate. Mr.Bal Mukund Prasad Sinha, A.P.P. M/S. Praveen Kumar Agrawal, Santosh Kumar Singh and Neelam Kumari, Advocates. =================================== |
| CORAM: HONOU | RABL | E MR. JUSTICE SUDHIR SINGH ORAL ORDER |
8 18-06-2019
Heard learned counsel for the petitioner and learned
The petitioner is languishing in custody since
05.06.2018 in a case for the offence registered under Section 304(B)/34 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the
Patna High Court CR. MISC. No.12586 of 2019(8) dt.18-06-2019 2/2
petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the husband of the deceased. There is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.
On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Dagaruwa P.S. Case No. 86 of 2018, pending in the court of learned A.C.J.M., Purnea.
The court below 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 copy of this order.
(Sudhir Singh, J)
U.K./-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with dowry-related culpable homicide.
Ahtasham @ Md. Ahtasham
The State of Bihar
Sudhir Singh
As recorded by the court registry
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