Prashant Kumar Alias Prashant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34734 of 2021 Arising Out of PS. Case No.-335 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== PRASHANT KUMAR ALIAS PRASHANT Son of Late Hariballabh Prasad Singh @ Rajballabh Prasad Singh Resident of Village - Vivek Bihar Samastipur, P.S.- Samastipur Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Anant Kumar-I ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 7.

15-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 304(B)/34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with this petitioner in the year 2014 and due to non-fulfillment of demand of dowry, she has been killed by petitioner and his family members.

It is submitted that petitioner is innocent and has been falsely implicated in this case by the informant. Petitioner was leading happy conjugal life with the deceased. It is further submitted that cause of death is snake bite, for which, she was treated in Sadar Hospital, Samastipur and for better treatment, she was referred to D.M.C.H., Darbhanga, but in spite of best

Patna High Court CR. MISC. No.34734 of 2021(7) dt.15-04-2022 2/2 effort of petitioner, the deceased could not be saved and died. Petitioner is in custody since 11.01.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that deceased died within seven years of marriage in unnatural circumstance at her matrimonial house. Petitioner is husband of the deceased and F.S.L. report reveals cause of death due to poisoning.

Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T