Ashutosh Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2450 of 2022 Arising Out of PS. Case No.-290 Year-2021 Thana- SIMRI District- Buxar ====================================================== Ashutosh Keshri S/o Shivjee Keshri R/o village- Simri (Dudhi Patti), P.S.- Simri, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Simri P.S. Case No. 290 of 2021, registered for the offence punishable under Sections 302, 304(B) and 34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other co-accused persons committed murder of the sister of informant on account of non-fulfillment demand of dowry. Petitioner happens to the husband of deceased. It is submitted on behalf of the petitioner that no such occurrence has ever taken place and there was no demand of dowry by the petitioner and he has been made accused in this case only because he happens to be the husband of deceased. In fact, deceased committed suicide due to family feud. After death

Patna High Court CR. MISC. No.2450 of 2022(3) dt.28-04-2022 2/2 of deceased this petitioner gave information to the informant and family members and they all have participated in the funeral. There is general and omnibus allegation and no specific overt act has been alleged against this petitioner. Petitioner is in custody since 03.09.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

Trial court is directed to expedite the trial. (Prabhat Kumar Singh, J) vinita/- U T