Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25040 of 2024 Arising Out of PS. Case No.-315 Year-2020 Thana- DINARA District- Rohtas ====================================================== Dharmendra Ram S/o Dashai Ram R/o vill - Bensagar, P.S. - Dinara, Distt. - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Krishna For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Sessions Trial No. 861 of 2023, arising out of Dinara P.S. Case No. 315 of 2020 for the offences punishable under Section 341, 323, 498A and 304B of the Indian Penal Code.

3. As per allegation, the marriage of daughter of the informant was solemnized with the petitioner ten years prior to lodging of the FIR. The petitioner and his family members were persistently demanding a motorcycle and cash. She came to know that on 03.11.2020, the accused persons committed murder of the deceased by pressing her throat.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.25040 of 2024(3) dt.11-07-2024 2/2 this case. He has further submitted that the marriage was admittedly solemnized ten years prior to the occurrence, as such, the demand of dowry is prima facie unbelievable.

5. It appears that 10 years daughter of the deceased namely Mamta Kumari is the eye witness. In her statement recorded in paragraph no. 11 of the case diary, she has stated that her father strangulated her mother to death. Before her death, her father asked this witness to administer the washing powder dilated water to the deceased. Thereafter, this witness narrated story to the elder sister. In paragraph no. 10 of the case diary, the statement of cousin of the deceased has been recorded and this witness has stated that Mamta Kumari narrated that the petitioner had strangulated his wife to death.

7. In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.

8. However, if so advised, the petitioner my renew his prayer for bail after one year.

(Nawneet Kumar Pandey, J) Nirmal/- U T