Rajkumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38338 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== Rajkumar Sahani Son of Late Munshi Sahani Resident of Village - Jitaura Kasawa Tola, P.S. - Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Madhuban P.S. Case No. 165 of 2020, registered for the offence under Section 498(A), 304(B), 34 of the Indian Penal Code.

It is a case of 'Dowry Death'. The petitioner is alleged to have committed the murder of his wife by strangulation, due to non-fulfillment of demand of Rs. 3,00,000/- cash, as dowry. It is submitted that petitioner is innocent and has been falsely implicated in this case. There is no specific allegation of demand of dowry. Petitioner is in custody since 22.02.2021. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial house.

Patna High Court CR. MISC. No.38338 of 2021(4) dt.16-11-2021 2/2 Considering the nature and gravity of offence and petitioner is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. Let the trial be expedited.

(Prabhat Kumar Singh, J.) anay U T