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Patna High CourtCR. MISC./41950/2021bail rejected

Dharmendra Kumar @ Dharvendra Kumar Paswan @ Ajay Kumar v. The State Of Bihar

2021-10-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41950 of 2021 Arising Out of PS. Case No.-184 Year-2019 Thana- ALOULI District- Khagaria ====================================================== Dharmendra Kumar @ Dharvendra Kumar Paswan @ Ajay Kumar Son of Baleshwar Paswan Resident of Village - Parari, P.S.- Alauli, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Alauli P.S. Case No. 184 of 2019, registered for the offence under Section 302, 34 of the Indian Penal Code.

As per the prosecution case, the petitioner, who is husband of the deceased, is alleged to have killed the neice of the informant by strangulation.

It is submitted on behalf of petitioner that petitioner married with deceased in the year 2009 and the alleged occurrence has taken place in the year 2019, but prior to the occurrence, no complaint was ever made either with regard to torture or demand of dowry against petitioner and his family members. There is general and omnibus allegation against all

Patna High Court CR. MISC. No.41950 of 2021(2) dt.25-10-2021 2/2 the accused persons including this petitioner. In fact, the deceased committed suicide due to the fact that she had applied for P.D.S. license, but since her rank was third, she did not get success and out of depression, she committed suicide. Petitioner is in custody since 13.12.2020. Investigation is complete. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of the deceased and there is specific allegation of torture against this petitioner. Deceased has died in an unnatural circumstances in her matrimonial home.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is rejected. However, since petitioner is in custody since 13.12.2020, the learned trial court is directed to expedite the trial.

(Prabhat Kumar Singh, J.) anay U T