Patna High CourtCR. MISC./36769/2024rejected

Amit Kumar @ Amit Gupta v. The State Of Bihar

2024-09-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36769 of 2024 Arising Out of PS. Case No.-854 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Amit Kumar @ Amit Gupta S/o Ashok Gupta R/o vill - Katahari Bag (Bajrang, Colony), P.S. - Chhapra Town, Distt.- Chhapra, Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Raushan Raj, learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 16.11.2023, in connection with Nagar Thana P.S. Case No. 854 of 2023, FIR dated 15.11.2023 registered for the offence under Sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner and other co-accused persons have killed the daughter of the informant by pressing her neck on non-fulfillment of the demand of dowry.

4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the ground that the petitioner is husband of the deceased. He

Patna High Court CR. MISC. No.36769 of 2024(4) dt.20-09-2024 2/2 further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and in fact the deceased has committed suicide herself. The petitioner is rotting in judicial custody since 16.11.2023.

5. Learned A.P.P. for the State, on the other hand, on the basis of the material available on the record in the case diary has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and dead body of the victim was found in the house of the petitioner and cause of death as mentioned in the post-mortem report is "Asphyxia due to hanging".

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Nagar Thana P.S. Case No. 854 of 2023 pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T