Bipin Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26678 of 2020 Arising Out of PS. Case No.-374 Year-2019 Thana- RAHUI District- Nalanda ====================================================== Bipin Mistri Son of Ashok Mistri Resident of Village - Etasang, Police Station - Rahui, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail to the petitioner in Rahui P.S. Case No. 374 of 2019 registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married with this petitioner eight years ago and after the marriage, it is alleged that this petitioner alongwith his other family members started demanding dowry and due to nonfulfillment of the same, the daughter of the informant was subjected to torture and lastly, on 06-10-2019, the informant got an information that petitioner alongwith his family members have committed the murder of his daughter by strangulation. It is submitted on behalf of petitioner that petitioner is

Patna High Court CR. MISC. No.26678 of 2020(2) dt.14-10-2020 2/2 innocent and has committed no offence. Petitioner never demanded any dowry and at the time of occurrence, petitioner was working at a Petrol Pump and was also living there in a room. It is further submitted that the deceased, out of frustration, committed suicide and the petitioner himself had informed the informant regarding such occurrence and also participated in the cremation and shradh of deceased. It is also submitted that from perusal of post-mortem report, no antemortem injury has been found on the person of deceased. However, counsel for the State has vehemently opposed the bail application and submitted that petitioner is husband of the deceased and there is specific allegation against him of demand of dowry and causing her death, which has also been supported by many witnesses during course of investigation.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the bail application of petitioner is rejected.

(Prabhat Kumar Singh, J.) anay/- U T