Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43229 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== PRABHAT KUMAR SON OF SUNIL SINGH @ SUNIL KUMAR SINGH RESIDENT OF VILLAGE BASDIHA POST BIJAUL P.S AURANGABAD DISTRICT AURANGABD MUFFASIL, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 307, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they committed murder of the informant's daughter by setting her in fire due to nonfulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.43229 of 2023(4) dt.16-10-2023 2/3 committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this present case. The informant is not an eye witness of the alleged. It is further submitted that the petitioner was not present at the time of occurrence rather he was at Vishakhapatnam for earning livelihood. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is named in the FIR and he along with others committed murder of the informant's daughter by setting her in fire. As per Postmortem Report, which is annexed with Case Diary, doctor opined cause of the death due to burning. It is further submitted that during investigation several witnesses also supported the prosecution version. Having heard the learned counsel for the parties and considering the fact, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.43229 of 2023(4) dt.16-10-2023 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkr/- U T