Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30006 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- MOKAMAH District- Patna ====================================================== Arvind Kumar Son of Sahdeo Paswan Resident of Village- Mor Pokhar Par, P.S.- Mokama, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mrs.Renuka Ratnakar ====================================================== 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 Mokama P.S. Case No. 273 of 2019, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

As per prosecution case, this petitioner was married with the sister of the informant on 03-05-2014 and it is alleged that after the marriage, this petitioner alongwith his family members started demanding dowry and due to non-fulfillment of the same, sister of the informant was subjected to cruelty. It is further alleged that one & half years ago, this petitioner had developed an illicit relation with one Mala Devi, which was protested by informant's sister and due to that, she was assaulted by petitioner and thereafter, on 27-11-2019, this petitioner

Patna High Court CR. MISC. No.30006 of 2020(2) dt.24-11-2020 2/2 informed about the death of informant's sister. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case, since petitioner has never made any demand of dowry. In fact, the deceased died due to catching severe cold. It is further submitted that petitioner is a government servant and only with a view to extort money from him, the informant has lodged this false case. Petitioner is in custody since 28-11-2019.

However, counsel for the State has opposed the bail application and submitted that petitioner is husband of the deceased and deceased has died within seven years of marriage and there is specific allegation of demand of dowry coupled with torture.

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