Patna High CourtCR. MISC./23237/2020bail rejected

Om Prakash Kesari @ Prakash Keshari v. The State Of Bihar

2020-09-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23237 of 2020 Arising Out of PS. Case No.-732 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== Om Prakash Kesari @ Prakash Keshari Son of Lav Prasad Keshari Resident of Village - Karan Sarai, P.S.- Sasaram (T), District - Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Pandey, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner is an accused in Sasaram Nagar Police Station Case No. 732/2019 registered for offence punishable under sections 498A, 307,34,304B of the Indian Penal Code and sections 3⁄4 of the Dowry Prohibition Act.

Petitioner is the husband of the victim and there is allegation in the FIR that he along with his family members subjected the informant's daughter to cruelty for fetching dowry and on non-fulfilment of the same, they burnt her to death by pouring K.Oil.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no office as he was not not present at the home at the relevant time. It is also submitted that during trial two witnesses, namely, brothers of the deceased, have been examined and declared hostile. Petitioner is in custody since 19.8.2019.

Learned counsel for the State opposes the prayer for bail. He submits that there is allegation of demand of dowry and committing murder of the victim at her matrimonial house

Patna High Court CR. MISC. No.23237 of 2020(2) dt.10-09-2020 2/2 within four years of marriage.

In view of the nature of offence as well as allegation levelled against the petitioner, prayer for bail of the petitioner is refused.

Let the trial be expedited.

(Prabhat Kumar Singh, J) Shashi U T