Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33231 of 2020 Arising Out of PS. Case No.-621 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== NAVIN KUMAR son of Late Lallan Manjhi Resident of Village- Brahmpur Shyamchak, Masoomgnaj, Nya Basti, P.S.- Bhagwanpur Bazar, DistrictSaran Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Adv.

For the State :

Mr.B.N.Pandey, APP For the Informant : Mr. Yashraj Bardhan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2021 Heard both sides.

The petitioner seeks bail in Bhagwanpur Bazar P.S. Case No.621 of 2019 registered under Sections 304B and 34 of the Indian Penal Code.

The brother of the deceased-informant alleged that his sister was married with the petitioner on 12.12.2019 but her husband-petitioner demanded Rs.5 lacs as additional dowry. The informant came to know that his sister was done to death on 29.12.2019.

The learned counsel for the petitioner submits that petitioner was admittedly married with the deceased but the petitioner never demanded any additional dowry. The wife of the petitioner was not happy with the marriage and, therefore, she committed suicide on 29.12.2019. Immediately thereafter, the petitioner informed the brother of his wife but he lodged the case making false allegation against the petitioner and other family members. The petitioner and his family members also

Patna High Court CR. MISC. No.33231 of 2020(3) dt.19-01-2021 2/2 filed an application before the S.P., Saran for proper investigation of the case.

On the other hand, learned A.P.P. and the learned counsel for the informant vehemently opposed the prayer for bail and submits that wife of the petitioner died within 17 days of her marriage. The inquest report shows that the deceased was strangulated to death. It is submitted that post-mortem report clearly shows that deceased died due to asphyxia caused by strangulation. Some bruises were also found on the body of the deceased.

From the facts, it appears that the witnesses have also reiterated the fact that on account of non-fulfillment of additional demand of dowry, the petitioner strangulated his wife to death.

Taking into consideration the facts that the petitioner is the husband and his wife died due to asphyxia on account of strangulation within 17 days from the date of her marriage with the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T