Lav Bind @ Lav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37717 of 2024 Arising Out of PS. Case No.-576 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Lav Bind @ Lav Kumar S/O Kanchan Bind R/O Village- Milkipar, P.S.- Ghoshi, Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in case registered for the offence under Sections 304(B), 201 /34 of the Indian Penal Code.
3. It is a case of 'Dowry Death'. The deceased (daughter of informant) has been killed by this petitioner and his family members due to non-fulfillment of demand of dowry and her dead-body was disposed without giving any information to the informant.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the deceased. There is no eye-witness to the occurrence. Petitioner neither demanded any
Patna High Court CR. MISC. No.37717 of 2024(3) dt.19-07-2024 2/2 dowry nor committed any torture to the deceased. In fact, the deceased herself committed suicide due to petty dispute. The F.I.R. has been lodged after a delay of three days without there being any plausible explanation of delay. Petitioner is in custody since 19.10.2023.
5. However, learned A.P.P. for the State vehemently opposes the bail petition and submits that petitioner is husband of deceased and there is specific and direct allegation against him of committing torture and demanding dowry. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial home.
6. Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased and there is specific and direct allegation against him, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay U T