Tutu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13073 of 2024 Arising Out of PS. Case No.-489 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Tutu Kumar Son of Ram Naresh Rai Resident of Village- Dih Dashahara, P.S.- Patori Mohanpur, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Sharma For the Opposite Party/s :
Mr. Saroj Kumar Sharma Mr. Abhilasha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned Senior counsel for the petitioner, Mr. Ramakant Sharma and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Patori (Mahonpur) P.S. Case No. 489 of 2023 registered on 27.07.2023 under Sections 304B/34 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the petitioner against whom there is an allegation that petitioner along with his family member have killed the daughter of the informant to whom petitioner has solemnized marriage with.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 28.07.2023 having no criminal case pending
Patna High Court CR. MISC. No.13073 of 2024(3) dt.18-04-2024 2/2 against him. Charges have been framed in this case but no prosecution witnesses have come forward yet
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner is directly involved in the commission of the present crime and there is also demand of dowry which resulted into death.
7. In the present facts and circumstances of this case and the submissions made above this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.
8. However, petitioner is at liberty to renew his prayer for bail after nine months. In the meantime, trial Court is directed to conclude the trial.
(Dr. Anshuman, J) Sunnykr/- U