Lakshman Sao @ Lakshman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33368 of 2022 Arising Out of PS. Case No.-359 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== LAKSHMAN SAO @ LAKSHMAN KUMAR SON OF LATE ARVIND SAO @ LATE ARVIND SAH RESIDENT OF VILLAGE- BADI SANGATPAR, POLICE STATION- KHUSHRUPUR, DISTRICT- PATNA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Ishwar Chandra, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Khushrupur PS case no. 359 of 2020 instituted for the offences punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.
The informant is stated to have solemnized marriage of his daughter with the petitioner in the month of July, 2020, whereafter, the daughter of the informant had gone to her matrimonial home, however, after some time, the accused persons including the petitioner herein started harassing the daughter of the informant both mentally and physically. On 23.11.2020, the accused persons including the
Patna High Court CR. MISC. No.33368 of 2022(4) dt.25-01-2023 2/3 petitioner herein had demanded a sum of Rs. 2 lacs by way of dowry, however, on account of non-fulfilment of the same, the informant was threatened that his daughter would be killed and subsequently, on 24.11.2020, the informant came to know that the accused persons including the petitioner herein have killed the daughter of the informant on account of non-fulfilment of the demand for dowry.
The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent is languishing in custody since 16.04.2021. The learned counsel for the petitioner has further submitted that it is not a fact that the dead body of the deceased was disposed off by the accused persons, hurriedly, in order to wipe out the evidence. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also having perused the impugned order dated 13.05.2022, this Court finds that there are sufficient materials available on record to suggest the complicity of the
Patna High Court CR. MISC. No.33368 of 2022(4) dt.25-01-2023 3/3 petitioner in the alleged crime and moreover, it has been recorded in the impugned order dated 13.05.2022 that the deceased was killed on account of non-fulfilment of the demand for dowry of a sum of Rs. 2 lacs, whereafter the dead body of the deceased was disposed off without information to the informant and his family members, which definitely shows the complicity of the petitioner in the alleged crime, hence, I am not inclined to grant bail to the petitioner herein, thus, the present petition stands dismissed.
(Mohit Kumar Shah, J) rinkee/- U T