Budhram Bin @ Vidhram Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32906 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== Budhram Bin @ Vidhram Bin S/o Late Bahadur Bind, Resident of VillageAdampur, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Raghunathpur P.S. Case No. 16 of 2021 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

As per the prosecution, the informant's daughter was strangulated to death by this petitioner and his family members over non-fulfillment of dowry demand.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner who is husband of the deceased, has been languishing in jail since 05.04.2022 and in the FIR there is general and omnibus allegation against the petitioner and other co-accused persons and the FIR was

Patna High Court CR. MISC. No.32906 of 2022(4) dt.13-03-2023 2/2 lodged on the basis of suspicion only, in fact the deceased committed suicide by hanging herself and her death took place on 15.01.2021 but the FIR was lodged on 19.01.2021 and after her death the informant was informed by the petitioner's family and informant participated in the funeral of the deceased. Learned APP appearing for the State has opposed the bail prayer.

Considering the seriousness of the occurrence which relates to dowry death of the victim who happened to be wife of this petitioner and her death took place within one year of her marriage and in the postmortem report the cause of death of the deceased has been opined as due to asphyxia caused by strangulation, this court is not inclined to accept petitioner's bail prayer for the present. Accordingly, his bail prayer stands rejected.

Petitioner may renew his bail prayer after one year, if any significant progress is not made in his trial by the trial court.

(Shailendra Singh, J) Rajiv/- U T