Amit Kaushal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19239 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- BAHADURPUR District- Patna ====================================================== Amit Kaushal, Son of Suresh Mahto Resident of Kaushal Sadan, Rampur, P.S.- Bahadurpur, District - Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Prabaht Kumar Singh, Adv.

Mrs. Preety Kunwar, Adv.

For the State :

Dr.(Mrs.) Indiwar Kumari, APP For the informant :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-08-2022 Heard Mr. N.K. Agrawal learned Senior Counsel for the petitioner, Dr.(Mrs.) Indiwar Kumari learned APP for the State and Mr. Sanjay Kumar learned counsel for the informant. Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case has been registered under Sections 304(B)/120B/34 of the Indian Penal Code in connection with Bahadurpur P.S. Case No.176/2021.

The allegation in the FIR is that the marriage was solemnized on 20.06.2021, but within two months, the informant got information that his daughter has been killed by the family members of her in-laws. He stated that the marriage was solemnized on 20.06.2021 and altogether Rs.10,00,000 /- as also jewellery were given as part of dowry, still they were asking for another five lacs. The deceased lady was complaining regularly through phone and

Patna High Court CR. MISC. No.19239 of 2022(2) dt.03-08-2022 2/2 finally she was done to death.

Learned Senior counsel for the petitioner submits that it was a case of suicide which was converted into a murder and entire family members including the petitioner herein, who is the husband, have been implicated.

Learned counsel for the informant on the other hand submits that a bare perusal of the FIR shows that within fifty days of the marriage of the deceased lady the family members caused her death/killing and the petitioner being her husband cannot exonerate himself from the said death.

Considering the nature of the allegation and the fact that the petitioner being her husband cannot shrug of his responsibility of having failed to protect the lady, that too within fifty days of the marriage, this Court is not inclined to grant him privilege of bail, which is accordingly rejected.

Learned Senior counsel submits that he is in custody since 08.08.2021 (as stated in para-28 of the bail application) thus already have completed one year.

The Trial court as such is directed to expedite the Trial and see to it that the same is concluded without unnecessary delay preferably within a period of one year.

(Rajiv Roy, J) Prakash Narayan /- U T