Patna High CourtCR. MISC./45146/2021bail rejected

Gopal Das v. The State Of Bihar

2022-03-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45146 of 2021 Arising Out of PS. Case No.-199 Year-2019 Thana- CHAKAI District- Jamui ====================================================== GOPAL DAS Son of Rupan Das Resident of Village - Kansjor, P.S.- Chakai, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mala Sinha For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/120B of the Indian Penal Code .

As per the prosecution case, this petitioner along with other accused persons is said to have killed the daughter of informant due to non-fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that there is general and omnibus allegation against this petitioner and other accused persons that they pressed the neck of deceased and killed her. There is no eye witness of the occurrence and petitioner never demanded any dowry or tortured the deceased. Petitioner claims clean

Patna High Court CR. MISC. No.45146 of 2021(3) dt.29-03-2022 2/2 antecedent and is in custody since 29.08.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is husband of the deceased and deceased died within seven years of marriage in her matrimonial house under unnatural circumstances and there is allegation of demand of dowry.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T