Satrughan Kumar @ Shatrudhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35686 of 2024 Arising Out of PS. Case No.-654 Year-2023 Thana- TEKARI District- Gaya ====================================================== Satrughan Kumar @ Shatrudhan Kumar Son of Sudhir Kumar @ Pappu Singh Resident of Village- Belhariya, P.S- Tekari, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Tekari P.S. Case No. 654 of 2023, registered for the offences punishable under Sections 304(B)/34 of the IPC.

3. As per allegation, the daughter of the informant was married to the petitioner in the year 2017. The customary presents were given at the occasion of marriage, as per affording capacity of the informant, but the petitioner and his family members were not satisfied. They started inflicting atrocities for non-fulfillment of demand of dowry of Rs. 5 lakhs. At about 7.30 a.m. on 19-10-2023, the father of the petitioner called the

Patna High Court CR. MISC. No.35686 of 2024(5) dt.25-10-2024 2/3 informant and he went there and found the dead body of his daughter, hanging through ceiling fan.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation of demand of dowry has been levelled after five years of the marriage. He also submits that the inquest report shows itself that it is a case of suicide.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that if a woman dies within 7 years of her marriage and she was being tortured for non-fulfillment of demand of dowry and her death had occurred in circumstances which cannot be said to be normal. Thus, the case under Section 304(B) is attracted. He has submitted further that the photographs of the dead body shows that her clothes were torn which establishes that prior to her death, she was being tortured/assaulted, to which the learned counsel for the petitioner replies that, except ligature mark around the neck of the dead body, no injury was present.

6. A report was called for from the court below about the stage of trial which shows that the charges have not been framed due to existence of an application under Section 227 of the Cr.P.C. which could not be disposed of due to non-

Patna High Court CR. MISC. No.35686 of 2024(5) dt.25-10-2024 3/3 appearance of the learned counsel for the petitioner in the court below. Learned counsel for the informant submits that it is nothing but a lingering tactics.

7. Considering the above-mentioned facts and circumstances, I do not think it to be a fit case for bail. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) kundan/- U T