Shiv Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9179 of 2022 Arising Out of PS. Case No.-583 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== SHIV SHANKAR PRASAD S/o Late Ramrup Prasad @ Late Raj Roop Prasad Resident of Village/ Mohalla- Seikhalam Chak, P.S. and DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Madan Kumar Mr.Madanjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 304(B)/34 of the Indian Penal Code. It is a case of 'Dowry Death' and this petitioner alongwith his family members are alleged to have committed the murder of daughter of the informant by setting her on fire after sprinkling kerosene oil, due to non-fulfillment of demand of dowry.

Petitioner denies the allegation made in the F.I.R. and submits that there is general and omnibus allegation against all the accused persons. During course of investigation, no independent witness has come forward to support the prosecution case. There is no specific allegation of demand of dowry. Petitioner is in custody since 18.12.2021.

Patna High Court CR. MISC. No.9179 of 2022(3) dt.17-05-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry. Deceased has died in an unnatural circumstances within seven years of marriage.

Considering the nature and gravity of offence and petitioner is husband of the deceased and there is specific allegation of demand of dowry against him, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T