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Patna High CourtCR. MISC./24969/2024bail rejected

Navinanand Kumar @ Dhanpat Kumar v. The State Of Bihar

2024-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24969 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Navinanand Kumar @ Dhanpat Kumar Son Of Ramdyal Sah Resident Of Village - Shankarpur, P.S. - Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in a case registered under section 341, 323, 498A, 307, 377, 504, 506/34 of the Indian Penal Code and later on added section 304B and 3⁄4 of the D.P. Act.

3. As per the prosecution case, the informant was married with the petitioner two years ago from the alleged occurrence and after marriage this petitioner along with other accused persons starting demanding dowry and due to nonfulfillment of demand of dowry, they brutally assaulted the informant and killed her. It is also alleged that her husband used to have unnatural sex with her.

4. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case because he

Patna High Court CR. MISC. No.24969 of 2024(3) dt.26-04-2024 2/2 happens to be husband of the deceased, the allegation is false and frivolous. The petitioner never demanded any dowry and tortured her. As a matter of fact deceased died during the course of treatment. The petitioner is in custody since 31.10.2023.

5. Learned APP along with learned counsel for the informant opposes and submitted that there is specific allegation of cruelty and tortured and also assaulted her and compel her to unnatural sex. The deceased died due to the assault. Considering the accusation and the fact that the deceased has died within 2-3 years of her marriage, I am not inclined to grant bail to the petitioner. Therefore, the prayer for bail of this petitioner stands rejected.

However, the trial court is directed to expedite the trial of the petitioner and conclude the same preferably, within a period of one year from the date of receipt of a copy of this order.

(Prabhat Kumar Singh, J) N.K/- U T