Anil Saw @ Anil Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30376 of 2021 Arising Out of PS. Case No.-72 Year-2011 Thana- MALSALAMI District- Patna ====================================================== Anil Saw @ Anil Kumar Gupta S/O Sri Mahendra Saw @ Mahendra Gupta Resident Of Mohalla Nurudiganj, P.S.-Malsalami, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Malsalami P.S. Case No. 72 of 2011, registered for the offence under Section 304(B) / 34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith other accused persons killed the daughter of the informant by poisoning her due to non-fulfillment of demand of dowry. Petitioner happens to be husband of the deceased and there is general and omnibus allegation and no specific allegation has been attributed against this petitioner. It is further submitted in paragraph - 13 of the petition that on the alleged date and time, in course of cooking the deceased Munni Kumari received burn injuries due to leakage of gas and subsequently,

Patna High Court CR. MISC. No.30376 of 2021(2) dt.21-08-2021 2/2 she succumbed to the injuries. Petitioner is in custody since 21.07.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry against him. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial home.

Considering the nature and gravity of the offence and the fact that petitioner is husband of the deceased and there is specific allegation against him, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T