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Patna High CourtCR. MISC./40535/2025rejected

Anuj @ Chhotu Kumar @ Chhotu Paswan v. The State Of Bihar

2025-08-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40535 of 2025 Arising Out of PS. Case No.-283 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Anuj @ Chhotu Kumar @ Chhotu Paswan, aged about 26 years, GenderMale, S/o Sudhir Paswan, R/o Village- Baikathpur, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Ms. Nirmala Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 304(B) of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of dowry death to the daughter of the informant due to non-fulfilment of dowry demand of a motorcycle as the informant was not capable for the same.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner has got no criminal antecedent as stated in para-3 of the petition and he is incustody since 04.02.2025. He next submits that the petitioner is the husband of the deceased and neither he killed the deceased nor he was involved in killing of the deceased from any corner rather

Patna High Court CR. MISC. No.40535 of 2025(3) dt.20-08-2025 2/2 allegation levelled against the petitioner in first information report is false and concocted as stated in para-14 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is husband of the deceased and sole responsibility is fixed upon the husband of the deceased.

6. On perusal of the first information report, case diary and impugned order dated 29.04.2025, it appears that petitioner is the husband of the deceased and there is direct allegation for committing the death of the daughter of the informant due to non-fulfilment of dowry demand of a motorcycle as the informant was not capable for the same and in para-4 of the case diary, it appears that the cause of death is asphyxia caused by pressure by ligature material on neck and the offence is very serious and heinous in nature, so considering all aspects of the material, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T