Sharvan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42097 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- ANTICHAK District- Bhagalpur ====================================================== SHARVAN KUMAR SAH Son of Jicchu Sah @ Bicchu Sah Resident of Village - and P.S.- Antichak, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-04-2022 Heard the parties.

Petitioner seeks regular bail in connection with Antichak PS Case No. 29 of 2020 registered under Sections 304 (B) / 34 of the IPC.

This is a case of dowry death. The petitioner is the husband of the deceased.

The allegation is that within 2 1⁄2 years of marriage the petitioner along with other family members killed the informant's daughter due to non fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of suspicion only. Petitioner is in custody since 01.10.2020. On the other hand, learned counsel for the State

Patna High Court CR. MISC. No.42097 of 2021(3) dt.20-04-2022 2/2 submits that there is specific allegation of demand of dowry and due to non fulfillment of dowry demand the petitioner has killed his wife within 21⁄2 years of marriage and there is presumption against the petitioner under Section 113 (B) of the Evidence Act. He further submits that the doctor has opined the cause of death as asphyxia due to manual strangulation. The injury no. 1 was caused to the deceased due to pressure applied by soft / firm and blunt object and injury no. 2 was caused due to closure of mouth and nostrils by soft / firm and blunt object. Regard being had to the submissions made by the parties, taking into consideration the nature of allegation, evidence collected during the course of investigation, the fact that petitioner is the husband of the deceased who died within 21⁄2 years of marriage in her matrimonial home in an unnatural condition, as such, I am not inclined to grant regular bail to the petitioner.

Accordingly, the prayer for grant of regular bail is rejected.

Let the trial be expedited.

(Anil Kumar Sinha, J) praful/- U T