Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13855 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Jitendra Prasad S/o Raju Prasad R/o village- Bishunpura, P.S.- Pipra, DistrictEast Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

16-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Pipra P.S. Case No. 148 of 2020, registered for the offence under Section 304(b) / 34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant (deceased) was married with this petitioner on 30.05.2018 and after few days of marriage, the petitioner is alleged to have demanded Rs. 1,50,000/- (one and half lac), as dowry, and due to non-fulfillment of the same, this petitioner alongwith his family members used to torture the deceased and finally, all accused persons committed her murder.

It is submitted on behalf of the petitioner that no such occurrence has taken place and the deceased herself has

Patna High Court CR. MISC. No.13855 of 2021(3) dt.16-08-2021 2/2 committed suicide. It is further submitted that petitioner has never demanded any dowry or tortured the deceased. Petitioner is in custody since 16.05.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial home.

Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, learned trial court is directed to expedite the trial.

(Prabhat Kumar Singh, J.) anay U T