Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7849 of 2025 Arising Out of PS. Case No.-81 Year-2023 Thana- PIPRIYA District- Lakhisarai ====================================================== Dilkhush Kumar S/O Upendra Singh R/O Vill.- Kanharpur, P.S.- Pipariya, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Vinay Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP For the Informant :

Mr. Jitendra Narain Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Pipariya P.S. Case No. 81 of 2023 dated 23.06.2023 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

3. As per the allegation, the petitioner along with his family members used to torture the sister of the informant for non-fulfillment of dowry demand and ultimately she was killed.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No. 7849 of 2025(3) dt.12-05-2025 2/3 this case. It is submitted that there is no eye witness to the occurrence and there was no prior complaint about torture, harassment or assault against the petitioner and his family members. It is submitted that post-mortem report is not in consonance with the prosecution case and the F.S.L. report also does not corroborate the prosecution case as no metallic Alkololdal Glucosidal, pesticidal or volatile poison could be detected. It is further submitted that one of the coaccused, namely, Amar Kumar has been granted bail vide order dated 15.01.2024 passed in Criminal Miscellaneous No. 352 of 2024 by a co-ordinate Bench of this Court. Lastly, it has been submitted that the petitioner is in custody since 29.07.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that it was petitioner's sole responsibility to take care of his wife. The marriage of the petitioner with the deceased had taken place on 26.05.2021.

Patna High Court CR. MISC. No. 7849 of 2025(3) dt.12-05-2025 3/3 It is submitted that due to non-fulfillment of the demand of dowry, the petitioner assaulted and mentally tortured the deceased. It is also submitted that no information was given by the petitioner or his family members to the family of the deceased about her death.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner at this stage.

8. Accordingly, the prayer of the petitioner for grant of bail is rejected.

9. The learned Trial Court is directed to take all endeavour to conclude the trial within one year from the date of receipt/production of a copy of this order without granting any necessary adjournment.

10. This application stands dismissed.

(Khatim Reza, J) prabhat/- U T