Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11455 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- MANSURCHAK District- Begusarai ====================================================== Santosh Kumar S/o Sakhichand Ram @ Sakhichandra Ram R/o vill - Govindpur, ward no. 02, P.S. - Mansurchak, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 304 (B) and 34 of the Indian penal Code .

3. It is alleged that all the F.I.R., named accused persons including this petitioner committed murder of the deceased (victim) due to non-fulfillment of demand of dowry .

4. Learned counsel for the petitioner submits that petitioner is husband of the deceased and has committed no such offence as alleged . Informant is not the eye witness of the

Patna High Court CR. MISC. No.11455 of 2024(4) dt.01-05-2024 2/3 alleged occurrence . F.I.R., has been lodged after the delay of two days for which there is no plausible explanation . He further submits that from bare perusal of post mortem report, it is apparent that doctor has opined the death of the deceased due to asphyxia and no other external injury has been found. It is further submitted that during course of investigation the statement of the informant has been recorded in which he has stated that her daughter and the petitioner were working jointly in the orchestra party and from there a love relationship were developed between them and they both solemnized marriage in the year 2021 . Petitioner never demanded any dowry from the deceased or her family members. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he along with other co-accused persons committed murder of the deceased (victim) due to nonfulfillment of demand of dowry . The daughter of the informant died within seven years of marriage in unnatural circumstance at her matrimonial house .

6. Considering the nature of accusation and also the fact that daughter of the informant died within seven years of

Patna High Court CR. MISC. No.11455 of 2024(4) dt.01-05-2024 3/3 marriage in unnatural circumstance at her matrimonial house , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T