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Patna High CourtCR. MISC./6168/2016dismissed

Deepan Thakur @ Deepak Kumar @ Deepak Thakur @ Deepak Kr. Thakur @ Deepan Kumar v. The State Of Bihar

2016-03-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6168 of 2016 Arising Out of PS.Case No. -311 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Deepan Thakur @ Deepak Kumar @ Deepak Thakur @ Deepak Kr. Thakur @ Deepan Kumar S/o Sri Bindhyachal Thakur, Al. R/o VillageNadaon, P.S.- Buxar (M), District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2016 Petitioner being husband of the victim is languishing in custody since 26.12.2015 in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code.

The prosecution case is of killing the daughter of the informant after about two and half years of marriage for non-fulfilment of dowry demand of rupees five lacs by causing burnt injury.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the victim Gunja Kumari and birth of a child. The victim was slightly mentally abraized and had suicidal tendency for which she was being provided medical assistance. The investigation has already concluded and the petitioner is employed in armed force, precisely, Assam rifles.

Patna High Court Cr.Misc. No.6168 of 2016 (3) dt.02-03-2016 2/2 It is submitted by learned counsel for the informant that daughter of the informant was married to the petitioner on 13.02.2013 and thereafter there was a demand of rupees five lacs for the purchase of land and due to the nonfulfilment of the dowry demand the petitioner and others killed the victim. The petitioner, initially in anticipatory bail application took a stand that on the alleged date of occurrence, he was in Assam at his place of posting but when the CCTV footage reflected that petitioner was at his native place then the stand was changed in regular bail application to the effect that petitioner was at his native place on the date of occurrence, but he was at house as he took his daughter to doctor along with his mother.

Considering the thrust of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner at present.

Accordingly the application stands dismissed in connection with Buxar(M) P.S. Case No. 311 of 2015, pending in the Court of learned Chief Judicial Magistrate, Buxar.

(Dinesh Kumar Singh, J) Shageer/- U T