Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12464 of 2020 Arising Out of PS. Case No.-375 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Arvind Kumar, S/o Laxman Rai, R/o village- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-06-2020 The matter has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sahebganj P.S. Case No.375 of 2018 (G.R. No.3560/2018) instituted for the offence punishable under Section 304B/34 of the Indian Penal Code, which is pending in the court of learned A.C.J.M. 1st, West Muzaffarpur.

Patna High Court CR. MISC. No.12464 of 2020(3) dt.02-06-2020 2/2 Being the husband of the victim, the petitioner has been made an accused by the father of the victim, alleging that the petitioner along with his family members have done to death his daughter after subjecting her to cruelty on account of nonfulfilment of demand for dowry. Learned counsel for the petitioner submits that the allegations are general and omnibus. Other family member (coaccused) have been allowed bail. Petitioner was not present in the village (place of occurrence) at the time of the occurrence. The petitioner is stated to be in custody since 11.01.2019 and has no criminal antecedents.

Learned APP for the State has opposed the prayer for bail. It is submitted that the prosecution alleges that the death of the victim has occurred in her matrimonial home. The petitioner is the husband and he has the moral responsibility to protect the life and dignity of the victim.

Considering the rival submissions and the nature of allegations, this Court for the present is not inclined to allow the petitioner's prayer for bail. The same is rejected. (Madhuresh Prasad, J) PNM U T