Rocky Mishra @ Rocky Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19687 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- DHAMDAHA District- Purnia ====================================================== Rocky Mishra @ Rocky Kumar Mishra Son of Anil Kumar Mishra Resident of village- Bishanpur, P.S.- Dhamdaha, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2021 Heard Shri Yogesh Chandra Verma, learned senior counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dhamdaha P.S. Case No. 37 of 2020 instituted for the offences under Sections 304B and 34 of the Indian Penal Code. Learned senior counsel for the petitioner submits that the petitioner is in custody since 16.03.2020, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned senior counsel for the petitioner submits that allegation in the F.I.R. is that the daughter of the informant was married to this petitioner on 03.03.2019 and thereafter demand of dowry of Rs. 3 lakhs started out of which the informant

Patna High Court CR. MISC. No.19687 of 2021(3) dt.16-12-2021 2/2 alleges that he managed about Rs. 1 lakhs and then it is alleged that on 22.02.2020 the informant received information that her daughter has died.

The learned senior counsel for the petitioner submits that the deceased was suffering from various ailments including depression and thus she committed suicide and in support of which the learned senior counsel relies on Annexure-2 series which includes homeopathic treatment as well as allopathic treatment.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the marriage was not even a year old, there is specific demand of dowry and during the course of investigation nothing has come which would even remotely suggest that the deceased was suffering from any kind of ailment. Further, it is submitted that petitioner is the husband and for the present, presumption is against him as the marriage was only one year old. Considering the submissions, the Court is not inclined to grant bail to the petitioner. Prayer for bail is thus refused. (Satyavrat Verma, J) Rishi/- U T