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Patna High CourtCR. MISC./11069/2022bail rejected

Umesh Ram v. The State Of Bihar

2022-12-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11069 of 2022 Arising Out of PS. Case No.-306 Year-2020 Thana- GARKHA District- Saran ====================================================== UMESH RAM Son of Late Chandeshwar Ram Resident of Village - Makinpur, P.S. - Garkha, District - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 302 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was tortured by the accused persons including the petitioner herein who is her husband for non-fulfillment of demand of dowry. The informant states that her daughter regularly informed about the torture by her husband, the petitioner herein, as also her husband's uncle. She was ultimately done to death.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From the contents of the F.I.R., it would transpire that it was the

Patna High Court CR. MISC. No.11069 of 2022(3) dt.19-12-2022 2/2 petitioner himself who informed the informant about his daughter being unwell. Further from the contents of the postmortem report, it would transpire that the death was as a result of suicide. The petitioner is in custody since 15.6.2021 and investigation in the case has concluded. He has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, it transpires that there is specific allegation of torture and demand of dowry against the petitioner along with one another, besides the contents of the post-mortem report also disclosing presence of incised wound on the head of the deceased.

Taking into consideration the facts of the case, 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) Saurabh/- U T