Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37815 of 2022 Arising Out of PS. Case No.-31 Year-2019 Thana- TARIYANI CHOWK District- Sheohar ====================================================== BRAJESH KUMAR Son of Pramod Singh Resident of village- Jagadishpur Kothiya, P.s.- Tariyani, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Thakur,Adv.
For the Opposite Party/s :
Mr.Arun Kumar,Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Tariyani P.S. Case No.31 of 2019, registered for the offence punishable under Sections 201, 120(B) and 304(B) of the Indian Penal Code.
The informant has alleged that his own cousin sister was married with the petitioner on 27.06.2018, according to the Hindu Rites and Rituals, wherein, huge amount of dowry was given, whereupon, she had gone to her matrimonial home, however, subsequently, on
Patna High Court CR. MISC. No.37815 of 2022(6) dt.01-02-2023 2/3 15.02.2019, he got information that his sister has been killed by the accused persons including the petitioner herein on account of non-fulfillment of the demand for dowry.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 06.05.2022. The learned counsel for the petitioner has further submitted that there is no evidence on record, to suggest the complicity of the petitioner in the alleged crime.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that the petitioner is the main accused, who is the husband of the deceased victim lady and is
Patna High Court CR. MISC. No.37815 of 2022(6) dt.01-02-2023 3/3 alleged to have killed the victim lady, which is also borne out from the records inasmuch as the records, prima facie, depict the complicity of the petitioner in the alleged crime, hence, I do not find any merit in the present petition.
Accordingly, the present petition stands dismissed.
(Mohit Kumar Shah, J) sonal/- U T