Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20504 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- DANAPUR District- Patna ====================================================== ASHOK KUMAR Son of Late Raja Ram Ray Resident of Village- Kharanja Road Ward No. 11, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Abhay Kumar Singh Rana Baljit Singh, Advocates For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was done to death for non fulfillment of the demand of dowry to the tune of two kathas of land. The informant states that at regular intervals his daughter was informing him about the torture by the accused persons.

It is submitted by learned senior counsel appearing for the petitioner that the petitioner is the unfortunate husband of the deceased. The allegations are general and omnibus in nature. Postmortem report does not contain any external injury nor is

Patna High Court CR. MISC. No.20504 of 2021(4) dt.18-11-2021 2/2 there any ligature mark on the neck of the deceased . The allegations against the petitioner are similar to the other accused who have been enlarged on bail. The petitioner is in custody since 11.11.2020 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner being the husband of the deceased together with the opinion of the doctor in the postmortem report wherein he has opined that the death was as a result of asphyxia caused as a result of strangulation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T