Kapil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40551 of 2021 Arising Out of PS. Case No.-204 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== KAPIL KUMAR Son of Bale Yadav @ Baldeo Yadav Resident of VillageSumka, P.S.- Ariyari (Kassar O.P.), District- Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Prasad For the Opposite Party/s :
Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 304(B), 120(B), 201,34 of the Indian Penal Code.
As per the prosecution case, this petitioner along with other accused persons committed torture and killed the daughter of informant due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No such occurrence, as alleged in the FIR, has ever taken place. Petitioner claims clean antecedent and is in custody since
Patna High Court CR. MISC. No.40551 of 2021(3) dt.28-01-2022 2/2 05.04.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is husband of the deceased and there is direct and specific allegation against this petitioner of demanding dowry and torturing the deceased. The deceased died within seven years of her marriage in her matrimonial house under unnatural circumstances. Regard being had to the nature of accusation and gravity of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) BKS/- U T