Abhijeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16249 of 2020 Arising Out of PS. Case No.-459 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== ABHIJEET KUMAR Son of Late Ram Kumar Ishwar @ Ram Kumar Eshwar Resident of Village - Gudhama, P.S.- Sarai Ranjan, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Mufassil (Samastipur) P.S. Case No. 459 of 2019, disclosing offences punishable under Sections 302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is the husband of the deceased. From the First Information Report, it transpires that the deceased and the petitioner were married against the wishes of the parents of the deceased in October 2011. It is alleged in the F.I.R. that as a matter of fact, the petitioner had kidnapped the deceased for the purpose of marriage. After marriage, he had been allegedly making demand of dowry. It is also alleged that, at times, the

Patna High Court CR. MISC. No.16249 of 2020(2) dt.03-06-2020 2/3 petitioner used to assault the deceased to pressurize to ask her parents to give some substantial amount as dowry. The deceased, allegedly died in a rented house in Samastipur, as she was working in a school near Samastipur.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the First Information Report that the informant has disclosed his suspicion and believe that the petitioner, in connivance with his relatives might have killed the deceased. He has submitted that there could not be any valid reason for the petitioner to have killed the deceased that, too, nearly eight years after their marriage which they had solemnized against the wishes of their parents of the deceased. The petitioner is in custody since 14.09.2019. The investigation does not disclose any direct involvement of the petitioner in commission of any such offence.

Considering the facts and circumstances as noted above and the submissions made on behalf of the petitioner, this application is allowed.

Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. V, Samastipur in connection with Mufassil

Patna High Court CR. MISC. No.16249 of 2020(2) dt.03-06-2020 3/3 (Samastipur) P.S. Case No. 459 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T