Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23238 of 2022 Arising Out of PS. Case No.-48 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== SUJEET KUMAR Son of Shri Gopal Rai, Resident of Village - Agarpur, P.S.- Lalganj, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 48 of 2021 lodged under Section 304(B)/34 of the Indian Penal Code.

The prosecution story is that the brother of the deceased has informed that on 09.02.2021, he received information that her sister was brutally assaulted by the petitioner and his family members, thereafter informant alongwith his family members reached immediately but he received information that her sister died. It has been specifically alleged that the petitioner and his family members were demanding dowry and car, otherwise they shall kill the informant's sister, in result the present case under Section

Patna High Court CR. MISC. No.23238 of 2022(2) dt.27-07-2022 2/2 304(B)/34 of the I.P.C. has been filed.

Learned counsel for the petitioner submits that petitioner is innocent, as the petitioner himself informed to his in-laws family about the such event. He also submits that petitioner has two child, who are residing with them and learned counsel for the petitioner also submits that post mortem indicates that it is not a murder rather it is a case of suicide. Learned counsel for the petitioner further submits that petitioner is in custody since 20.01.2022 and charge sheet has already been filed in this case, as such bail may be granted. Learned counsel for the State opposes the prayer for bail and submits that it is a case of Section 304(B) i.e. dowry death. He further submits that allegation of dowry is there with resulted into death, rest are the matter of trial. In the present facts and circumstances and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected. The Trial Court is directed to expedite the trial and conclude within one year.

(Dr. Anshuman, J.) ravishankar/- U T