Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13329 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Kamlesh Kumar S/o Ganga Sah R/o Village Janua Tola Gaiya Gachhi, ward no. 14, PS Bairgania Distt Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Singh Arun Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant was married with this petitioner. After few months of marriage, all the accused persons started torturing and harassing the daughter of the informant for dowry and on 11.08.2023, all the accused persons including this petitioner killed her by strangulating her due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner being the husband of the deceased has falsely been implicated in this case. As matter of fact, at the relevant point of time, petitioner was not present at the place of occurrence and
Patna High Court CR. MISC. No.13329 of 2024(3) dt.29-04-2024 2/2 when he came to know about the incident he directly booked an air ticket from New Delhi and reached Patna. He further submits that the deceased has committed suicide leaving a suicide note.
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is husband of the deceased and there is specific allegation against the petitioner that he and his family members killed the deceased due to non-fulfillment of demand of dowry.
6. Considering the nature of accusation and the fact that petitioner is husband of the deceased, who died in unnatural circumstances within 7 years of marriage in her matrimonial house, prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T