Patna High CourtCR. MISC./3453/2022bail rejected

Prabhakar Jha v. The State Of Bihar

2022-03-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3453 of 2022 Arising Out of PS. Case No.-39 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== Prabhakar Jha S/o Bamdeo Jha @ Wamdeo Jha R/o Village- Saurath, P.S.- Rahika, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Rahika P.S. Case No. 39 of 2020, registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with co-accused persons committed murder of informant's daughter due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. In fact, deceased died of diarrhea. There is general and omnibus allegation. Moreover, petitioner after

Patna High Court CR. MISC. No.3453 of 2022(2) dt.31-03-2022 2/2 death of his wife informed the informant and informant attended the funeral. Petitioner is in custody since 04.08.2021 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.

(Prabhat Kumar Singh, J) vinita/- U T