Patna High CourtCR. MISC./4376/2022bail rejected

Komal Kumar @ Amar Kumar v. The State Of Bihar

2022-04-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4376 of 2022 Arising Out of PS. Case No.-480 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== KOMAL KUMAR @ AMAR KUMAR SON OF CHANDAN SINGH R/O VILLAGE- COURT AREA (WEST), P.S.- KABAIYA, DISTRICTLAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons committed the murder of daughter of informant due to non-fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no eye witness of the occurrence and petitioner never demanded any dowry or tortured the deceased. The victim committed suicide after hanging herself because one month prior to the incident she gave birth to a daughter after

Patna High Court CR. MISC. No.4376 of 2022(3) dt.15-04-2022 2/2 undergoing a big surgery and thereafter she used to remain depressed and in a state of shock and loneliness she committed suicide. Petitioner claims clean antecedent and is in custody since 30.07.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is husband of the deceased and deceased died within seven years of marriage in her matrimonial house under unnatural circumstances and there is allegation of demand of dowry.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

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