Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20297 of 2022 Arising Out of PS. Case No.-168 Year-2021 Thana- DINARA District- Rohtas ====================================================== Avinash Kumar S/o Kuber Rai Resident of Village- Kori, P.S.- Dinara (Bhanas), District- Rohtas.

... ... Petitioner/s

Versus

The State 0f Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201, 120(B) of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that in fact

Patna High Court CR. MISC. No.20297 of 2022(3) dt.26-09-2022 2/2 the petitioner is husband of the deceased and the deceased died on 01.09.2021. Further submits that the alleged date of occurrence is on 01.09.2021 but the present F.I.R. was instituted on 04.09.2021 after delay of three days without explanation of delay. The petitioner is in custody since 10.09.2021. Learned APP for the State on the basis of case diary as well as the material available on record has opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner who is husband of the deceased pressed the neck of the daughter of the informant and she became unconscious and could not regain consciousness even after medial treatment and died.

In view of the aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 321 of 2021 arising out of Dinara (Bhanas) P.S. Case No. 168 of 2021 pending in the Court of learned Additional Sessions Judge-V, Rohtas at Sasaram. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T