Narendralal Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31683 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== Narendralal Pathak Son Of Late Amarnath Pathak @ Suggolal Pathak Resident Of Mohalla- Morchagali, P.S.- Vishnupad, District- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Vishnupad Police Station Case No. 82 of 2020, Gaya registered for the offences punishable under sections 304B/34 of the Indian Penal Code. As per the prosecution case, informant performed the marriage of his daughter Priyanshi Kumari alias Deepa Devi alias Deepika Devi with the petitioner on 16.02.2016 but, thereafter, she was being tortured by the petitioner and his family members giving threatening to kill her. On 02.05.2020, the informant received information about the murder of his daughter. Thereafter, the informant along with others went at the sasural house of his daughter, where the informant found his daughter dead.

Learned counsel for the petitioner submits that in fact

Patna High Court CR. MISC. No.31683 of 2021(2) dt.26-08-2021 2/2 the victim committed suicide by hanging herself and there was no demand of dowry. Petitioner and the victim had a three years old child and they were leading happy life. Petitioner has been implicated in this case only on suspicion and the informant side also participated in the funeral on the information given by the petitioner side. Petitioner is in custody since 25.6.2020. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner used to demand dowry and committed torture on her and in league with his family members killed his wife in a planned conspiracy.

In view of the specific allegation against the petitioner as well as the fact that the informant's daughter died within seven years of marriage under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T