Saheb Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32007 of 2020 Arising Out of PS. Case No.-246 Year-2019 Thana- SIRDALA District- Nawada ====================================================== SAHEB KHAN S/o Late Maulana Idris Khan Resident of Village-Nawalchak Dhibra, P.S.-Sirdala (Meskaur), District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Sirdala P.S. Case No. 246 of 2019, registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

As per the prosecution case, informant's daughter was married with this petitioner three years back. Soon after Rukshadi, she was subjected to torture and harassment for demand of dowry and due to non-fulfillment of the same, she was killed by this petitioner and in-laws by strangulation. It is submitted on behalf of the petitioner that petitioner was working at Gujarat in private company and he was not present at the time of occurrence. In fact, informant's daughter has committed suicide. There is general and omnibus

Patna High Court CR. MISC. No.32007 of 2020(4) dt.25-02-2021 2/2 allegation against this petitioner. Petitioner is in custody since 05.03.2020 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and there is specific and direct allegation against him of demand of dowry. The deceased has died within seven years of her marriage at her sasural in unnatural circumstances. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T