Purushottam Goswami @ Prushotam Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32416 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Purushottam Goswami @ Prushotam Goswami Son of Hare Ram Goswami Resident of Village- Deuwar, P.S.- Sandesh, Dist.- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate Mr. Sameer Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Sandesh P.S. Case No. 281 of 2023 dated 25.11.2023 for the offence punishable under Sections 304B/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

03. As per prosecution case, the allegation against the petitioner is that he has been demanding Rs. 10,00,000/- as dowry and on non-fulfillment of the demand, killed of his wife.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. There has been no dowry demand by the petitioner and the marriage was solemnized without taking any dowry. Learned counsel further submits that prior to her death, the deceased and

Patna High Court CR. MISC. No.32416 of 2024(3) dt.06-09-2024 2/2 the petitioner had gone to the parental home of the deceased and after return, she committed suicide. This fact is evident from the description of the place of occurrence by the police and the door was found locked from inside. Learned counsel further submits that except for the close relatives, no independent witness has supported the prosecution case, rather the independent witnesses examined by the police stated that altercation used to take place between the husband and wife, which could be considered quite normal. The witness also stated about the deceased committing suicide by hanging herself from a fan. Learned counsel further submits that petitioner is having clean antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail. Learned APP submits that the petitioner is husband of the deceased and there is allegation of dowry demand and consequent killing of the daughter of the informant.

06. Having regard to the facts and circumstances and considering the nature of allegation against the petitioner, who his husband of the deceased, of causing dowry death, I do not think it is a fit case for grant of anticipatory bail. Hence, prayer for anticipatory bail of the petitioner is hereby rejected. (Arun Kumar Jha, J) Ashish/- U T