Patna High CourtCR. MISC./21185/2020bail rejected

Pintu Kumar v. The State Of Bihar

2020-09-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21185 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- BIKRAM District- Patna ====================================================== Pintu Kumar, Son of Late Shukul Prasad, Resident of Village - Bikram, P.S.- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bikram P.S. Case No. 296 of 2019 registered for the offence punishable under Sections 304B, 302 and 34 of the Indian Penal Code, pending in the court of the learned Additional Chief Judicial Magistrate-VI, Danapur, Patna.

Patna High Court CR. MISC. No.21185 of 2020(5) dt.08-09-2020 2/2 Mr. Patanjali Rishi appearing for the petitioner has highlighted the discrepancy in description regarding condition of the body of the deceased (victim) between the inquest report and the post-mortem report. He has also relied upon the fact that poisoning has been ruled out on receipt of viscera report in these proceedings.

Learned APP submits that the petitioner is the husband of the victim and it is alleged that the victim was done to death for non-fulfilment of demand of dowry. The marriage of the victim was solemnized in December, 2015. The postmortem report taken note of in the case diary indicates that the death has been caused due to asphyxia.

Considering the rival submissions and the fact that the petitioner is in custody since 08.09.2019, for the present this Court is not inclined to enlarge the petitioner on bail. Prayer is rejected.

(Madhuresh Prasad, J) PNM U T