Abhinesh Kumar @ Avinesh Kumar @ Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25352 of 2025 Arising Out of PS. Case No.-337 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Abhinesh Kumar @ Avinesh Kumar @ Avinash Kumar S/o Kameshwar Singh @ Dhuran Singh R/o Village- Chintamanpur, PS- Pipra, Distt- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Advocate For the Opposite Party/s :
Mrs.Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Pipra P.S. Case No. 337 of 2020 registered for the offences under Sections 304(B), 120(B)/34 of the Indian Penal Code.
3. The petitioner is named in the First Information Report and is in custody since 22.07.2024.
4. As per FIR, petitioner being husband, caused death of the daughter of the informant along with other family members/co-accused due to non-fulfillment of demand of dowry, as raised for a four-wheeler vehicle. Death was caused due to burn injury.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.25352 of 2025(3) dt.29-07-2025 2/3 behalf of the petitioner that at the time of occurrence, petitioner was outside from his house. It is pointed out that due to family frustration, wife of the petitioner had committed suicide by setting her on fire.
6. It is also pointed out that when this fact came into the knowledge of the petitioner, he arrived immediately and brought his injured wife, along with her parents to Rahmania Medical Hospital, Motihari, where she succumbed to her burnt injuries during the course of treatment.
7. While concluding argument, it is submitted that investigation of this case is completed and as such, there is no chance of tampering with the evidence. Petitioner claimed to be a man of clean antecedent.
8. Learned A.P.P. for the State, while opposing the prayer for bail of the petitioner, submitted that as per FIR, hospitalization was made by the parents of the deceased. It is submitted that the victim was found in unconscious condition and was 95% burnt. Post-mortem report also suggest that death was caused due to burn injury. It is submitted that allegation of raising demand is specific against this petitioner, where death took place within seven years of marriage.
Patna High Court CR. MISC. No.25352 of 2025(3) dt.29-07-2025 3/3
9. A report regarding stage of the trial was also called for from the learned trial court, where it appears that out of 10 charge-sheeted witnesses, 4 witnesses have already been examined and trial is expected to conclude within 9 to 12 months.
10. Considering the nature of accusation as the daughter of the informant died in her matrimonial home due to burn injury alleged to be caused by the petitioner and family members due to non-fulfillment of demand of dowry, accordingly, prayer of bail of the petitioner stands rejected herewith, for the present.
11. In view of the fact as petitioner remains in custody since 22.07.2024, learned trial court is directed to expedite the trial in accordance with law and conclude it preferably within one year from the date of receipt of a copy of this order. (Chandra Shekhar Jha, J) Rajeev/- U T