Satyam Kumar Das @ Satyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4972 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- HARPUR District- Munger ====================================================== Satyam Kumar Das @ Satyam Kumar Son Of Garbhu Das R/O Vill.- Beladih, P.O.- Madhodih, P.S.- Harpur, Distt.- Munger ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravish Mishra For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
It is a case of dowry death due to non fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner, being the husband of the deceased, has been falsely implicated in this case. It is further submitted that petitioner was not present at the
Patna High Court CR. MISC. No.4972 of 2023(4) dt.02-05-2023 2/3 time of occurrence and he was in Delhi at the time of occurrence. There is no prior complaint of harassment and torture with the deceased. Dead body of the deceased was found near a river, which is about 7 km far from the house of petitioner. Moreover, the Petitioner is in judicial custody since 07.04.2022.
Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is ample responsibility of petitioner to keep his wife with honor and dignity, to which he failed. The dead body was found hanging from a tree. Postmortem report also corroborate with the prosecution version in which cause of death was opined as asphyxia due to hanging. Inquest report has also supported the prosecution case. It is further submitted that death of deceased was caused in unnatural circumstances within 7 years of marriage.
Having heard the learned counsel for the parties and considering the nature of allegation, this
Patna High Court CR. MISC. No.4972 of 2023(4) dt.02-05-2023 3/3 court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T