Pintu Kumar @ Pintu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12243 of 2021 Arising Out of PS. Case No.-142 Year-2020 Thana- NAYAGAON District- Saran ====================================================== PINTU KUMAR @ PINTU KUMAR RAI S/o Nanhak Rai @ Shiv Nath Rai Resident of Village- Dumari Bujurg, P.S.- Nayagaon, District- Saran at Chapra.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Nayagaon Police Station Case No. 142 of 2020 registered for the offences punishable under sections 304B/34 of the Indian Penal Code. As per the prosecution case, informant's sister was married to the petitioner 2/3 years before and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. On 17.9.2020 he got information that the accused persons pushed her into the well as a result of which she died.

Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and no such occurrence took place and in fact the victim had gone to fetch water but

Patna High Court CR. MISC. No.12243 of 2021(2) dt.29-06-2021 2/2 accidentally she fell down into the well. No demand of dowry was ever made from her parents. A joint compromise petition has also been filed before the Court below on 19.10.2020 to the effect that accidentally sister of the informant fell into the well. Petitioner is in custody since 21.9.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner used to demand dowry and committed torture on her and in league with his family members killed his wife in a planned conspiracy.

In view of the specific allegation against the petitioner as well as the fact that the informant's sister died within seven years of marriage under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T