Hare Ram Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25499 of 2024 Arising Out of PS. Case No.-979 Year-2015 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Hare Ram Bhagat Son of Shri Ramanand Malakar Resident of VillageDawathu, P.S.- Hulasganj, Distt.- Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madan Bhagat Son of Late Shiv Kumar Bhagat Resident of VillageMahiyarpur, P.S.- Tekari, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioner has preferred this application for grant of anticipatory bail in a case registered under section 304B of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant married with the petitioner 7 years ago. After six months of her marriage, the accused persons started torturing and harassing her for of dowry. It is further alleged that due to non-fulfillment of dowry, they killed the deceased.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case mainly because he is husband of the deceased. It is further submitted that while preparing meal, the

Patna High Court CR. MISC. No.25499 of 2024(2) dt.26-04-2024 2/2 deceased caught fire and in course of treatment the deceased died. The deceased died after 20 days of treatment. The complaint has been filed after 20 days of death of deceased. In course of saving the deceased, this petitioner also suffered injury The petitioner has clean antecedent.

The learned APP for the State opposes the bail application of the petitioner and submits that there is direct allegation against the petitioner for demand of dowry and the victim died unnatural death in the house of her in-laws. Considering the direct allegation against the petitioner and the fact that the deceased died unnatural death , 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