Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30040 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- SARMERA District- Nalanda ====================================================== Chhotu Kumar Son of Late Kailash Prasad Resident of Village - Gopalbad, P.O. - Sarmera, P.S. - Sarmera, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Sarmera P.S. Case No. 90 of 2019, registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, the daughter of the informant was married with petitioner in the year 2010 and it is alleged that after the marriage, this petitioner alongwith his family members started demanding Rs. Three lacs, as dowry, which was denied by the informant, and as such, accused persons started torturing informant's daughter. It is further alleged that this petitioner had some illicit relation with some other girl, which was protested by informant's daughter, as a result of which, she was abused and assaulted by the petitioner.

Patna High Court CR. MISC. No.30040 of 2020(2) dt.24-11-2020 2/2 On 11-06-2019, the informant received an information that her daughter has been done to death by her in-laws members and her dead body was disposed.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. The daughter of the informant died due to fever and diarrhoea and informant and her family members were present at the time of funeral. There is no specific allegation against this petitioner and petitioner is in custody since 12-06-2019.

However, counsel for the State has opposed the bail application and submitted that petitioner is husband of the deceased and deceased died in her matrimonial home and there is allegation of demand of dowry.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and as such, the bail application stands dismissed.

(Prabhat Kumar Singh, J.) anay/- U T