Patna High CourtCR. MISC./13238/2024bail rejected

Deepak Kumar v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13238 of 2024 Arising Out of PS. Case No.-542 Year-2023 Thana- DHANARUA District- Patna ====================================================== Deepak Kumar Son of Dharmendra Prasad Resident of Village- Suhanichak, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 542 of 2023 registered for the offence under Sections 498A, 304B and 34 of IPC.

3. As per the allegation in the FIR, it is a case of dowry death of the deceased due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is the husband of the deceased.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR and impugned order dated

Patna High Court CR. MISC. No.13238 of 2024(3) dt.18-04-2024 2/2 16.01.2024, it appears that marriage of the petitioner and the victim was solemnized on 12.06.2022 and death of the deceased was caused within a year from the marriage and the dead body of the deceased was found in suspected situation. From perusal of the post mortem report, it appears that cause of death of the deceased is due to Asphyxia resulting from antemortem ligature hanging. This is a heinous offence committed by the petitioner so, I am not inclined to grant bail to the petitioner.

7. Accordingly, prayer for bail of the petitioner is hereby rejected.

8. However, the learned trial Court is directed to conclude the trial within a period of one year from the date of receipt of a copy of this order and if the trial is not concluded within the stipulated period, then the petitioner may renew his prayer for bail before the trial Court and the trial Court shall grant bail to him.

(Ramesh Chand Malviya, J) saurabhkr/- U T