Upendra Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27726 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Upendra Turha son of Dinanath Turha Vill- Bewaliya Ps- Bihiya DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Bihiya P.S. Case No. 23 of 2023, registered for the offences punishable under Sections 341, 323, 304(B) of the IPC.

3. The petitioner is husband of Guriya Kumari (the deceased). The informant, who is father of the deceased, stated in his fardbeyan that the accused persons including the petitioner were inflicting atrocities upon the victim just after the marriage for non-fulfillment of demand of dowry. On 27.01.2023 at about 6:00 am, the informant came to know that the accused persons had committed murder of his daughter by pressing her throat. He informed the police and at the instance of the police, post-mortem of the dead body was conducted.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.27726 of 2024(4) dt.03-09-2024 2/2 He is a person of clean antecedent. As per post-mortem report, the death was caused due to asphyxia which shows that the deceased had committed suicide.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the marriage of the deceased was solemnized with the petitioner on 06.06.2022. She died in her matrimonial house only within seven months of her marriage in a situation which is other than the normal circumstances. The evidences collected during course of investigation including the FIR itself shows that the accused persons committed torture upon the victim due to non-fulfillment of demand of dowry.

6. The deceased had died only within seven months of her marriage and soon before her death, there is allegation that the accused persons inflicted atrocities upon the deceased for nonfulfillment of demand of dowry.

7. Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privilege for bail, which is hereby rejected.

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