Gopal Bahardar @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35915 of 2024 Arising Out of PS. Case No.-670 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Gopal Bahardar @ Gopal Kumar SON OF SAHDEV BAHARDAR VILLAGE- GHAURAGHAT WARD NO. 01, PS- FORBESGANJ, DISTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. no. 63 of 2024 arising out of Forbesganj P.S. Case no. 670 of 2023 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that her daughter who had performed a love marriage with the petitioner about six months ago was killed by the accused persons including the petitioner herein for non-fulfillment of demand of dowry by way of a motorcycle etc. The informant states that her daughter had regularly been informing about the torture being inflicted to her on telephone.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35915 of 2024(3) dt.09-08-2024 2/2 petitioner has been falsely implicated in the case only for the reason his being the husband of the deceased. The parties having entered into a love marriage, there is no question of demand of dowry etc. The allegations are false and concocted. The petitioner is in custody since 13.8.2023 and he has no criminal antecedent. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State who submits that besides the petitioner being the husband of the deceased, the postmortem report shows that the cause of death was asphyxia as a result of strangulation.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R and the petitioner being the husband of the deceased who died as a result of asphyxia due to strangulation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trail. (Partha Sarthy, J) Harsh/- U T