Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20028 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Sharvan Kumar S/o Jagdish Ram R/o Vill - Panapur, P.S. - Minapur, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Minapur P.S. Case No. 340 of 2023 dated 08.08.2023 registered for the offence/s punishable u/s 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's sister due to non-fulfillment of demand of a motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. It is further

Patna High Court CR. MISC. No.20028 of 2024(4) dt.07-08-2024 2/2 submitted that the petitioner was working in Delhi for his livelihood. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the marriage of the petitioner was solemnized with the informant's sister on 24.02.2023 and she was tortured and killed by the petitioner along with her in-laws within a period of six months from the date of her marriage for or in connection with demand of dowry. It is further submitted that the occurrence takes place in the matrimonial home, the onus lies on inmates of the matrimonial home to explain circumstance leading to death.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner stands rejected.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) guddukr/- U T