Pintu Patel @ Ashok Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19950 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== Pintu Patel @ Ashok Patel Son Of Sri Amar Patel Resident Of Village - Kohra Bhawanipur, P.S. - Srinagar (PUJAHA), Dist.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Rajesh Kumar :
Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Srinagar (Pujaha) P.S. Case No. 45 of 2019 registered for the offence punishable under Sections 304-B, 201/34 of the Indian Penal Code.
As per the prosecution case, the F.I.R. has been instituted on the basis of written petition of informant Manoj Patel in which he has alleged that he had solemnized marriage of his daughter with
Patna High Court CR. MISC. No.19950 of 2021(3) dt.28-09-2021 2/3 the petitioner on 19.04.2019 and she went to her matrimonial house, where petitioner and co-accused persons started demanding four wheelers vehicle as dowry and due to non fulfillment of demand of such dowry they committed murder of informant's daughter and her dead body was hidden by them with a view to disappear the evidence.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that daughter of the informant died natural natural death. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 29.06.2020.
Learned APP for the State as well as learned counsel for the informant vehemently opposing the bail petition submits that petitioner is the husband of the deceased and there is specific allegation against him of committing murder of informant's daughter due to non fulfillment of dowry demand and within three months of her marriage with petitioner, she was subjected to harassment and murdered.
In the facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner in connection with Srinagar (Pujaha) P.S. Case No. 45 of 2019 to the satisfaction of
Patna High Court CR. MISC. No.19950 of 2021(3) dt.28-09-2021 3/3 learned Judicial Magistrate 1st Class, Bettiah, West Champaran. Accordingly, prayer for bail of the petitioner is hereby rejected.
However, learned Trial Court is directed to expedite the trial. (Anjani Kumar Sharan, J) GAURAV S./- U T