Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35168 of 2023 Arising Out of PS. Case No.-282 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== PANKAJ KUMAR S/O RAJ NANDAN RAI R/O Vill-Mishraulia, PSDumra, Dist.-Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 304B/34 and other ancillary sections of the Indian Penal Code.
3. It is a case of dowry death and petitioner is the husband of the deceased.
4. Learned counsel appearing for the petitioner submits that the petitioner is employed in Railways and at the relevant time he was on duty in Chennai. He further submits that from perusal of the FIR it reflects that at the time of incident, petitioner was in Chennai and from there he informed the informant that his daughter has committed suicide. In the FIR, informant has clearly alleged that the father-in-law, mother-inlaw, sister-in-law and brother-in-law of his daughter
Patna High Court CR. MISC. No.35168 of 2023(3) dt.04-08-2023 2/2 strangulated her to death.
5. Learned counsel for the State opposes the prayer for bail. He submits that the petitioner is named in the FIR with allegation that he along with his family members subjected informant's daughter to cruelty and harassment for nonfulfilment of demand of dowry.
6. Considering the nature of accusation and the fact that the petitioner is husband of the deceased, who died at her matrimonial house within seven years of marriage under unnatural circumstances, as such, he cannot escape responsibility. Accordingly, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Shashi U T