Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28684 of 2021 Arising Out of PS. Case No.-172 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== KUNAL KUMAR Son of Late Bhola Singh Resident of Village - Dumra, P.S. - Belsand, District - Sitamarhi (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Belsand P.S. Case No. 172 of 2019, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner along with family members committed murder of informant's daughter due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that there is love marriage between the petitioner and deceased and

Patna High Court CR. MISC. No.28684 of 2021(2) dt.09-08-2021 2/2 therefore, question of demand of dowry does not arise. In fact, the deceased while cooking meal caught fire and died due to burn injuries. There is general and omnibus allegation. Petitioner is in custody since 17.11.2019 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the thrust of allegation against the petitioner who happens to be the husband of deceased and the fact that deceased died in other than normal circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T