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Patna High CourtCR. MISC./39095/2023bail rejected

Subhash Kumar @ Nishant Kumar v. The State Of Bihar

2023-07-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39095 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== SUBHASH KUMAR @ NISHANT KUMAR S/O INDAL CHAUHAN R/O Village- Pharpar, PS.Ariyari, Dist.Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ranjit Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehend their arrest in a case registered for the offence punishable under sections 304 (B), 302, 498(A), 34 of the Indian Penal Code and Section 3/ 4 of the D.P. Act. It is a case of dowry death.

Petitioner is the husband of the deceased.

It is submitted on behalf of the petitioner that he is the second husband of the deceased. He further submitted that as the deceased died at her maternal house, and as such, the petitioner cannot be held responsible for the alleged occurrence. Learned counsel for the State vehementally opposed the prayer for bail and submitted that there is specific and direct allegation on the petitioner of torturing and harassment and due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.39095 of 2023(2) dt.07-07-2023 2/2 Considering the fact that specific and direct allegation of torture and harassment, prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Alok Verma/- U T