Rakesh Kumar @ Dhanji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22493 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- KOCHAS District- Rohtas ====================================================== RAKESH KUMAR @ DHANJI SON OF UMA SHANKAR CHAUDHARY ALIAS UMA SHANKAR SINGH RESIDENT OF VILLAGE- CHATRA, P.S- KOCHAS, DIST- ROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Pd. Singh, Sr. Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Kochas P.S. Case no. 190 of 2021 registered for the offences punishable under section 304 (B)/201/34 of the Indian Penal Code.

As per the allegation the petitioner who happens to be husband of the deceased and his family members always tortured the victim for the demand of a motorcycle and finally the accused persons including the petitioner strangulated the victim to death and also burnt the body of the deceased with an intention to conceal the most important evidence of the alleged

Patna High Court CR. MISC. No.22493 of 2022(3) dt.15-09-2022 2/3 occurrence.

The main submissions advanced by Sri Krishna Prasad Singh the learned senior counsel for the petitioner are that during the course of investigation the independent witnesses have stated that the victim committed suicide and after that incident the parents of the deceased were informed and then they came and with their consent the dead body of the deceased was cremated in their presence and later on with malice intention the instant case was lodged by the informant. Further submission is that the petitioner has been languishing in jail since 29.10.2021 and the allegation of dowry demand is general and omnibus against the present petitioner.

Sri Surendra Prasad Singh, learned APP appearing for the State has opposed the prayer for bail.

Heard both sides, perused the FIR and the case diary of this case. The victim was married to this petitioner on 11.12.2020 and within one year she died unnatural death and it is also admitted position that the dead body of the victim was not made available for post mortem examination as the police were not informed just after the happening of the alleged incident and the petitioner and his family members' conduct as to cremating the dead body in hurried manner goes against them

Patna High Court CR. MISC. No.22493 of 2022(3) dt.15-09-2022 3/3 and the alleged cruelty which was committed by this petitioner with the victim has been supported by the material witnesses during the course of investigation.

Considering these facts and the nature of allegation and also the fact that the petitioner appears to be the main accused of this case, this court is not inclined to enlarge the petitioner on bail and accordingly, his prayer for bail stands rejected.

(Shailendra Singh, J) s.hassan/- U T