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Patna High CourtCR. MISC./39388/2024bail rejected

Raushan Kumar v. The State Of Bihar

2024-08-23Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39388 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Raushan Kumar Son of Bachchu Rai R/o Village- Kathauliya @ Kathouliya, P.S.- Bidupur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Rupa Kumari, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 220 of 2023 registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, daughter of informant was married with this petitioner on 05.07.2020. After marriage, it is alleged that this petitioner, along with other accused persons, started demanding dowry and due to non-fulfillment of the same, the daughter of informant was subjected to torture and harassment. It is further alleged that on 04.03.2023 informant got information that all the accused persons have given poison

Patna High Court CR. MISC. No.39388 of 2024(2) dt.23-08-2024 2/3 to his daughter. Thereafter, informant got information that his daughter has been taken to hospital for treatment and accordingly, the informant went to hospital but he did not find his daughter there. It is alleged that this petitioner, along with other accused persons, killed daughter of informant for dowry.

4. It is submitted by learned counsel for the petitioner that petitioner happens to be husband of deceased. Informant is not an eye-witness of the occurrence. Allegations are general and omnibus. As a matter of fact, deceased herself committed suicide and after due information, she was cremated. Petitioner is in custody since 30.01.2024. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is husband of deceased and there is specific allegation that due to non-fulfillment of demand of dowry, this petitioner, along with other accused persons, killed the deceased. It is further submitted that deceased died unnatural death at her matrimonial house within three years of marriage.

6. Considering the aforesaid facts and circumstances of the case and nature of accusation, the prayer for grant bail of

Patna High Court CR. MISC. No.39388 of 2024(2) dt.23-08-2024 3/3 to the petitioner is rejected.

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