Patna High CourtCR. MISC./33587/2019dismissed

Indal Ram v. The State Of Bihar

2019-08-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33587 of 2019 Arising Out of PS. Case No.-239 Year-2018 Thana- CHAND District- Kaimur (Bhabua) ====================================================== INDAL RAM Son of Polawan Ram Resident of Village - Bhaluhari, P.S.- Chand, District - Kaimur at Bhabua ... Petitioner

Versus

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

For the Petitioner :

Mr.Tribhuwan Narayan, Advocate For the State :

Asha Kumari, Addl Public Prosecutor for the informant : Mr. Chandra Mohan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence under sections 304B/34 of the Indian Penal Code. Informant alleges that the petitioner, who was married with his daughter Puja five years back, with the aid of his family members, burnt her to death due to non-fulfilment of dowry demand of a motorcycle as well as cash of Rs. 1 lacs. Learned counsel for the petitioner submits that except the general and omnibus allegation that the petitioner and his family members, named in the FIR killed the victim, there is nothing specific against the petitioner. Further, the victim died of accidental fire, which took place while cooking food at her matrimonial house and the offence under section 304B of the I.P.C. is not attracted against the petitioner as the marriage

Patna High Court CR. MISC. No.33587 of 2019(4) dt.28-08-2019 2/2 was solemnized eight years back. Petitioner is in custody since 7.1.2019 having no criminal antecedent.

Learned counsel appearing for the informant submits that there is allegation that the petitioner and his family members killed the victim for dowry.

In the facts of the case, I am not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. Let the trial be expedited.

(Prabhat Kumar Singh, J) Shashi U T