Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48436 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- BAGENGOLA District- Buxar ====================================================== Pawan Kumar S/o Mahendra Singh @ Mahendra Yadav @ Mahendra Singh Yadav R/o Village-Baradhi, P.S.-Bagen Gola , District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Manish Rai Sharma, Advocate For the Opposite Party :

Mr.Bharat Bhushan, APP For the Informant :

Mr. Arun Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bagengola P.S Case No. 113/2023 dated 12.11.2023 registered for the offences punishable u/ss 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically and committed murder of the informant's daughter due to non-fulfillment of demand of Rs. 2 lacs, a motorcycle and a golden chain as dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48436 of 2024(3) dt.01-08-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The other co-accused person has already been granted bail by this court vide order dated 30.04.2024 passed in Cr. Misc. No. 29990/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.01.2024.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the petitioner is a husband. As per the post-mortem report, the cause of death is asphyxia following ante-mortem hanging.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bagengola P.S. Case No. 113/2023 pending in the court of learned A.C.J.M-V, Buxar.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T