Rabi Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13310 of 2024 Arising Out of PS. Case No.-189 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== Rabi Kumar @ Suraj Kumar Son of Kishori Shaw @ Kishori Show, VillageChintaman Mahton Tola, Singhiya, PS- Naya Ram Nagar (Safia Sarai), DistMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2024 Heard Mr. Surya Narayan Sah, the learned counsel for the petitioner and Mr. Madan Kumar, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 29.09.2022 in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No. 189 of 2021, FIR dated 05.11.2021, registered for the offences punishable under Section 304(B) read with Section 34 of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 7216, which was rejected vide order dated 21.06.2023.

4.

According to the prosecution case, the daughter of

Patna High Court CR. MISC. No.13310 of 2024(3) dt.19-04-2024 2/3 the informant was tortured by her husband and in-laws over demand of dowry. It is further alleged that on 02.11.2021, informant received a call from his son-in-law regarding his daughter being ill and been taken to hospital and later he got information that her daughter died. It is further alleged that the informant found the dead body of his daughter in suspicious condition and suspects that she has been killed by her husband and in-laws.

5.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and the petitiner has been made accused in the present case merely on the ground that he is the husband of the deceased. 6.

Vide order dated 01.03.2024, a report was called for with regard to the stage of trial and report dated 14.03.2024 of the learned trial Court reveals that out of six chargesheeted witnesses, three prosecution witnesses have already been examined and the case is pending for the examination of the informant, investigating officer and the doctor. 7.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the

Patna High Court CR. MISC. No.13310 of 2024(3) dt.19-04-2024 3/3 petitioner.

8.

Considering the aforesaid facts and circumstances and the nature of allegation as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No. 189 of 2021, pending in the Court of learned 3rd Additional Sessions Judge, Munger.

9.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T