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Patna High CourtCR. MISC./6631/2019rejected

Dharamraj Kishore @ Baban @ Dharmraj Kishore v. The State Of Bihar

2019-05-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6631 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== Dharamraj Kishore @ Baban @ Dharmraj Kishore Son of Harihar Bhagat Resident of Village - Saraiya, P.S.- Amjhor (Rohtas), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/34 of the Indian Penal Code in connection with S.T. No.199 of 2018, arising out of Rohtas (Amjhore) P.S. Case No.20 of 2018. Wife of this petitioner died within few years of her marriage in her matrimonial house in unnatural circumstances. Allegation is of demand of dowry and torture for the same soon before death.

Submission is that evidence has come that deceased died of suicide.

In a case of dowry death it is immaterial that death was suicidal or homicidal. The death must be result of

Patna High Court CR. MISC. No.6631 of 2019(4) dt.02-05-2019 2/2 torture arising out of non-fulfillment of dowry demand. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T