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Patna High CourtCR. MISC./19302/2015rejected

Dharmendra Kumar v. State Of Bihar And ANR

2015-07-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19302 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Dharmendra Kumar son of Nathuni Ram @ Nathuni Rai resident of Village - Madhopur, Ambakothi, P.S. - Piprahi, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Veena Devi wife of late Gauri Shankar resident of New Friends Colony, Maharani Bandh, New Delhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-07-2015 Heard learned counsel for the petitioner and Mr. Khare, learned A.P.P. for the State.

It is a bride burning case. The petitioner is husband and facing accusations punishable under Sections 304B, 498A, 323, 201 of the Indian Penal Code vide Piprahi P.S. Case No. 132 of 2014.

Within seven years of marriage the deceased was ill treated, tortured and done to death in the mysterious circumstances, inasmuch as the dead body was disposed of. The petitioner is the husband of the deceased. From the impugned order it reflects that witnesses in course of investigation have supported the prosecution case. The demand of dowry and non-fulfillment thereof, torture of the deceased at the hands of the in-laws including the

Patna High Court Cr.Misc. No.19302 of 2015 (3) dt.03-07-2015 petitioner have been supported. The petitioner is in custody since 05.12.2014.

Considering the allegation levelled against the petitioner and the fact that his wife was done to death within seven years of marriage in her matrimonial home, I am not persuaded to release the petitioner on bail. Accordingly, the prayer for bail is rejected. The petitioner shall, therefore, have liberty to renew his prayer for bail in the learned court below, if the trial does not sufficiently progress within a period of 09 months from the date of receipt/production of a copy of this order. (Kishore Kumar Mandal, J) P.K./- U T