Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18123 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Deepak Kumar S/O Raghunandan Kumar @ Raghunandan Mahto Resident Of Village-Chandukuan, P.S.-Barbigha, District-Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 470 of 2023 dated 06.11.2023 instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant married her daughter namely, Puja Kumari to the petitioner in the year 2013 and the informant had given gifts and rupees two lakhs as per his capacity to the petitioner, but after some years of marriage, the petitioner along with his family started demanding motorcycle and one lakh rupees and started pressurizing and torturing the daughter of informant. When the daughter of informant opposed the dowry, then her in-laws murdered her and burnt her body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case.

Patna High Court CR. MISC. No.18123 of 2024(5) dt.12-07-2024 2/2 Learned counsel for the petitioner submits that the petitioner is the husband of the deceased. Learned counsel for the petitioner submits that the deceased was suffering from chronic disease, due to which she died. Prior to her death, nowhere any complain against the petitioner has been made by the deceased. Lastly, it has been submitted that the petitioner is in custody since 28.11.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner stating that the petitioner is the husband of the deceased. The petitioner along with his family members demanded additional dowry from the deceased and on non-fulfilment of the same, they murdered her.

6. Since the petitioner is the husband of the deceased and he is also involved in the murder of the deceased for additional dowry, I am not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer of grant of bail on behalf of the petitioner is rejected.

(Khatim Reza, J) premchand/- U T