Rupesh Das @ Rupesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34112 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- BANDHUWA KURAWA District- Banka ====================================================== Rupesh Das @ Rupesh Kumar Das Son Of Ratan Das @ Ratan Hari Resident Of Village - Garhi (GOKULA), Police Station - Bandhua Kuraba, District - Banka ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Praveen Kumar, Advocate For the Opposite Party :
Mr. Anita Kumari, APP For the Informant :
Mr. Akash Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bandhua Kurawa P.S Case No. 01/2024 dated 05.01.2024 registered for the offences punishable under Sections 147, 148, 149 and 304B of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically and killed her
Patna High Court CR. MISC. No.34112 of 2024(4) dt.18-09-2024 2/3 due to non-fulfillment of demand of Rs. 3 lacs as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased. As per the post-mortem report, various ante-mortem injuries were found on the body of the deceased and as per the opinion of the doctor, cause of death is asphyxia due to various injuries caused by ligature strangulation.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in
Patna High Court CR. MISC. No.34112 of 2024(4) dt.18-09-2024 3/3 connection with Bandhua Kurawa P.S Case No. 01/2024, pending in the court of learned C.J.M., Banka.
7. This application stands rejected.
(Chandra Prakash Singh, J) atul/- U T