Pradeep Kumar @ Babloo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26694 of 2021 Arising Out of PS. Case No.-334 Year-2017 Thana- PIRO District- Bhojpur ====================================================== PRADEEP KUMAR @ BABLOO Son of Bijendra Singh @ Chetu Singh Resident of Village- Tulsi Tola, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Bindhya Keshari Kumar, Sr. Advocate Neeraj Kumar alias Sanidh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP For the Informant :
Mr. Ramesh Kumar Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned senior counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
As per the prosecution case, the sister of the informant was married to the petitioner herein. The accused persons including the petitioner started to torture the informant's sister after she gave birth to a girl child. Regular demand of dowry was made and ultimately she was done to death by the petitioner and others.
Patna High Court CR. MISC. No.26694 of 2021(4) dt.06-01-2022 2/3 It is submitted by learned senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. The allegations are incorrect and concocted. The petitioner who is in the Army and posted in the State of Jammu & Kashmir had come on vacation and over a trivial dispute between the husband and wife in which the sister of the informant wanted to accompany her husband to his place of posting in Jammu & Kashmir and which was not possible, the lady being short tempered committed suicide by jumping of the roof of the house. The petitioner is in custody since 28.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.
The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the witnesses have supported the prosecution case in their statement under section 164 Cr.P.C.. Further it has also transpired in investigation that the petitioner herein was regularly beating up the sister of the informant and it was he who had thrown her of the roof of the house leading to serious injuries and death. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the
Patna High Court CR. MISC. No.26694 of 2021(4) dt.06-01-2022 3/3 case, the allegations in the FIR together with the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J) Spd/- U T