Patna High CourtCR. MISC./12867/2020bail rejected

Md. Pravej Alam v. The State Of Bihar

2022-01-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12867 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- UJIYARPUR District- Samastipur ====================================================== Md. Pravej Alam Son of Md. Badrujjama, Resident of Village - Chandchour, Mathurapur, P.S.- Ujiyarpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ujiyarpur P.S. Case No. 118 of 2019, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

As per the FIR, this petitioner along with in-laws killed the sister of informant due to non-fulfillment of demand of dowry.

It is submitted on behalf of the petitioner that petitioner is husband of the deceased and has committed no offence as alleged in the FIR. As a matter of fact, deceased has committed suicide and she was always pressurizing the petitioner to live in her Maike and on account of that reason she committed suicide. The relation between the petitioner and the

Patna High Court CR. MISC. No.12867 of 2020(5) dt.28-01-2022 2/2 deceased was cordial and out of the wedlock deceased had a four years daughter also. Number of witnesses have stated that the deceased committed suicide. As per the postmortem report, the doctor has found the cause of death Asphyxia due to hanging. There is general and omnibus allegation against this petitioner. Petitioner is in custody since 25.06.2019 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T