Raju Thakur @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27177 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== Raju Thakur @ Raju Kumar Son Of Lakhan Thakur Resident Of Village - Malahari, P.S. - Imamganj, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Javed Jafar Khan For the Opposite Party :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Imamganj P.S. Case No. 172/2023 dated 27.06.2023 registered for the offence punishable u/s 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand of motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand

Patna High Court CR. MISC. No.27177 of 2024(3) dt.28-08-2024 2/2 of dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting the petitioner is the husband of the deceased and the informant's daughter solemnized marriage on 12.06.2023 and the occurrence took place on 26.06.2023. It is further submitted that as per the inquest report, the death seems to be caused by pressing the neck of the deceased and as per the Post Mortem Report, the cause of death is Asphyxia & shock due to hanging.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Imamganj P.S. Case No. 172/2023 pending in the court of learned Judicial Magistrate, 1st Class, Gaya.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) atul/- U T