Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18882 of 2025 Arising Out of PS. Case No.-650 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Anand Kumar Son of Dinanath Singh Resident of Village- Pipariya, PSMohania, District- Kaimur at Bhabhua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shri Rampujan Singh Son of late Shri Ram Singh R/O- Village- Pakdihar (Khudda), P.S.- Mohania, District- Kaimur at Bhabhua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y. C. Verma, Sr. Advocate Ms. Kiran Kumari Sharma, Advocate Ms. Khushboo Kumari, Advocate For the State :

Mr. Madan Kumar, APP For the O.P. No.2 :

Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-10-2025

1. Heard learned Senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.45 of 2025, arising out of Mohaniya P.S. Case no.650 of 2023 registered under sections 302, 498A and 34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2016. It is stated that soon after marriage the accused persons started making demand of Rs.3,00,000/- in cash and a motorcycle by

Patna High Court CR. MISC. No.18882 of 2025(6) dt.10-10-2025 2/3 way of dowry for which she was tortured. The informant received information about his daughter having been done to death.

4. Learned Senior counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 3.4.2024 passed in Cr. Misc. no.16027 of 2024. Inspite of the petitioner having remained in custody since 12.9.2023, the trial has still not concluded and the defense witnesses are yet to be examined followed by arguments which may continue for a long time. It is submitted that the death having taken place beyond 7 years of marriage, no case under section 304B of the Indian Penal Code is made out. There is no direct evidence against the petitioner and the cremation itself was carried out only after due information was given to the prosecution side. Learned Senior counsel has taken the Court through the deposition of the Investigating Officer especially paragraph nos.11 and 13 of the deposition to submit that this is a case of suicide. It is submitted that all the evidence is already on record and there is no chance of tampering etc.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that there being

Patna High Court CR. MISC. No.18882 of 2025(6) dt.10-10-2025 3/3 direct allegation against the petitioner who happens to be the husband of the deceased, the same having been supported by the prosecution witnesses and the trial having reached near its conclusion with conclusion of the examination of the prosecution witnesses, it is not a case for grant of bail. It is further submitted that so far as the examination of defense witnesses is concerned, it is in the hand of the defense as to how long they want to delay the conclusion of the trial.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the application for bail of the petitioner having been rejected on merits on earlier occasion together with the trial having reached near its conclusion with all the prosecution witnesses having been examined, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. The learned trial Court is directed to expedite the trial.

(Partha Sarthy, J) avinash/- U T