Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34958 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Rajesh Kumar Son Of Ravindra Singh @ Ravindra Prasad Singh R/O Mohalla- Jodhanbigha, P.S.- Sheikhopur Sarai, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard the parties.
2. The petitioner is in judicial custody in connection with Sheikhopur Sarai P.S. Case No. 198 of 2022 for the offences punishable under Sections 498A/494/302/201/34 of the Indian Penal Code lodged on 27.11.2022 by the informant, Rajnish Raj.
3. As per the prosecution story, the allegation is that marriage of the petitioner took place with the victim lady in 2008. As the couple had no issue, she was regularly tortured and dowry demanded. For the sake of lady, the informant side gave Rupees Three lacs in cash but once again they demanded another Rupees Ten lacs which they were unable to pay. It is the allegation that when they went for mediation they were not
Patna High Court CR. MISC. No.34958 of 2023(3) dt.28-08-2023 2/3 allowed to meet the lady and later came to know that she has been murdered and dead body was disposed of. Accordingly, the FIR.
4. It is case of the petitioner that on mere suspicion, he has been dragged in the case, the lady was suffering from several ailments and died natural death, the informant side was informed whereafter cremation took place but on false narration, the FIR was lodged.
5. On the other hand, learned counsel for the informant submits that only because the couple did not had issue, she was mentally, physically harassed and demand of dowry was made. Further, after the payment of Rupees Three lacs another demand of Rupees Ten lacs came which they were unable to pay, she was murdered and the dead body was thrown in Ganga and in absence of the dead body, no post mortem could be conducted. He, as such, opposes the prayer.
6. Learned APP Mr. Bharat Bhushan has taken this Court to paragraph-10 of the case-diary which shows that he himself informed that the victim lady was cremated at Barh near river Ganga.
7. Considering the kind of allegation that has come against the husband-petitioner, only because of the fact that the
Patna High Court CR. MISC. No.34958 of 2023(3) dt.28-08-2023 3/3 couple did not had any issue, the allegation of torture and despite payment of Rupees Three lacs whereafter the lady expected a decent life, ultimately she has to loose her life.
8. This Court cannot bring her back, the only thing that can be done is to reject the prayer of the bail application of the petitioner. Accordingly, the same is being done.
9. The bail petition stands rejected.
(Rajiv Roy, J) Mkr./- U T