Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19693 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== RAHUL KUMAR, aged about 24 years, Male, Son of Biltu Singh @ Biltu Mahto, Resident of Village-Madarna, Gopinathpur, Tola Gorthan, P.S.- Vaishali, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail registered for the offence under Sections 498(A), 326 and 307/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, later added 302 of the Indian Penal Code.

3. As per the prosecution case, it is a case of murder of the daughter of the informant due to non-fulfilment of dowry demand by the petitioner and his family members. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner is husband of the deceased and the daughter of the informant was trying to keep herself warm by sitting in front of the fire on 08.01.2023 at 4 P.M. but

Patna High Court CR. MISC. No.19693 of 2024(2) dt.27-03-2024 2/2 accidentally her clothes caught fire due to which she sustained burn injuries. Petitioner is in custody since 16.06.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 06.11.2023, it appears that the petitioner is the husband of the deceased and the marriage was solemnized on 30.06.2017 subsequently after marriage, there was regular demand of gifts, ornaments, motorcycles, and money from the father of the deceased and the specific allegation against the petitioner and co-accused persons is that they have burnt the deceased by sprinkling of petrol. The death was caused due to burn injuries on the whole body and the death is due to septicemic shock and there is direct allegation of burning the deceased for non-fulfilment of dowry against the petitioner and other co-accused persons and this is a very serious and heinous offence, so I am not inclined to grant bail to the petitioner.

7. The prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T