Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41499 of 2024 Arising Out of PS. Case No.-424 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Pankaj Kumar son of Ramsagar Yadav @ Sagar Yadav Village- Nirpur PsSheikhpura Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, learned APP for the State along with learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 498(A), 304(B), 302 and 34 of the IPC in connection with Sheikhpura P.S. Case No.424 of 2023.

3. The learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the informant who is his father-in-law. It is further submitted that daughter of the informant was married to the petitioner in the year 2021 and out of the wedlock a child was born.

4. It is further alleged that after marriage the accused persons including the petitioner started demanding dowry of

Patna High Court CR. MISC. No.41499 of 2024(2) dt.21-06-2024 2/3 Rs.5 lakhs for purchasing a four wheeler, on account of nonfulfillment of the demand it is alleged that his daughter was tortured. It is further alleged that on 10.07.2023 at about 05:00 AM in the morning the informant received a call from an unknown number informing that his daughter has been killed by the accused persons including the petitioner and her dead body has been thrown on the railway track, but since the villagers have come to know about the occurrence, hence the accused persons have brought the body back to their house and have hanged the body with the fan. Accordingly, the informant reached the place of occurrence where he saw the dead body of his daughter hanging from a fan.

5. The learned counsel submits that informant is not an eyewitness to the occurrence and he was informed by the side of the petitioner that his daughter has committed suicide but then in order to make out a case the instant FIR was instituted alleging that the informant received information about the occurrence from an unknown number, but then the unknown number has not been disclosed in the FIR that as to who informed the informant about the occurrence. It is also submitted that the deceased was the temperamental lady and after birth of the child she became more temperamental and

Patna High Court CR. MISC. No.41499 of 2024(2) dt.21-06-2024 3/3 committed suicide.

6. The learned APP opposes the regular bail application and submits that even presuming what has been submitted by the learned counsel for the petitioner to be true, then also it was the husband who created condition conducive for the deceased to end her life.

7. In view of the submissions made by the learned APP, the Court is not inclined to release the petitioner on bail, accordingly, the regular bail application is rejected. (Satyavrat Verma, J) Prakash Narayan U T