Ajit Kumar @ Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6883 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Ajit Kumar @ Ajeet Kumar Son of Ashok Singh Resident of Kishunpur, Madhuban, P.S. Kudhani, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code.
3. As per F.I.R., the neice of the informant was married with this petitioner in the year 2021 and six months after the marriage, the petitioner alongwith his family members started demanding a motorcycle and gold chain, as dowry, and due to non-fulfillment of the same, they killed her by strangulation.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case merely because he happens to be husband of the deceased. Petitioner was not present at the time of occurrence and was working in a firm namely Paper Drems Pvt.Ltd. in Bhiwadi
Patna High Court CR. MISC. No.6883 of 2024(3) dt.03-04-2024 2/2 (Rajasthan). As a matter of fact, the deceased was in depression due to loss of Mangalsutra and due to which, she committed suicide by hanging herself. Petitioner never demanded any dowry or committed torture to deceased. Petitioner has surrendered on 22.07.2023 and since then, he is in custody.
5. However, learned counsel for the State vehemently opposes the bail petition and submits that petitioner is husband of the deceased and there is specific and direct allegation against petitioner that he alongwith other family members demanded dowry and due to non-fulfillment of the same, committed the murder of neice of the informant. The deceased died in an unnatural circumstances within seven years of marriage at her matrimonial home.
6. Considering the aforesaid facts and circumstances as well as the fact that petitioner is husband of the deceased and there is specific and direct allegation against him that he subjected the deceased to cruelty for dowry, the prayer for bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay/- U T