Patna High Court/40963/2021bail rejected

Md. Khalid v. The State Of Bihar

2021-11-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40963 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Md. Khalid S/o Abdul Hameed R/o Harpur Rai, P.S. Harsiddhi, District East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Harsiddhi P.S. Case No. 455 of 2020, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

As per the prosecution case, petitioner and his family members used to torture the daughter of informant for dowry and committed her murder due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. In fact, petitioner was at Nepal for earning his livelihood at the time of occurrence. There is general

Patna High Court CR. MISC. No.40963 of 2021(3) dt.15-11-2021 2/2 and omnibus allegation against petitioner. Petitioner is in custody since 17.12.2020 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) vinita/- U T