Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16027 of 2024 Arising Out of PS. Case No.-650 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Anand Kumar S/O Dinanath Singh R/O Village- Pipariya, P.S- Mohania, Distt.- Kaimur At Bhabua.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP For the Informant :
Mr. Pawan Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-04-2024
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Mohania P.S. Case no. 650 of 2023 registered under sections 302, 498A and 34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2016. It is stated that soon after marriage the accused persons started making demand of Rs. 3,00,000 in cash and a motorcycle by way of dowry for which she was tortured. The informant
Patna High Court CR. MISC. No.16027 of 2024(3) dt.03-04-2024 2/3 received information about his daughter having been done to death.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The marriage had taken place more than 7 years before the alleged occurrence. The allegations of demand of dowry etc. are all false and concocted. There was no complaint against the petitioner in the past. The petitioner is in custody since 12.9.2023 and a number of co-accused have been enlarged on bail.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is the husband of the deceased, besides being named in the F.I.R and there being specific allegations against him, the cause of death in the postmortem examination is said to be cardio respiratory failure as a result of asphyxia due to throttling.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R against the petitioner who happens to be the husband of the deceased together with the contents of the postmortem report wherein the cause of death is said to be asphyxia due to throttling leading to cardio respiratory failure, the Court is not inclined to enlarge the
Patna High Court CR. MISC. No.16027 of 2024(3) dt.03-04-2024 3/3 petitioner on bail and the application is rejected.
7. The learned trial Court is directed to expedite the trail.
(Partha Sarthy, J) Harsh/- U T