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Patna High CourtCR. MISC./25666/2016rejected

Kunal Sah @ Krishna v. The State Of Bihar

2016-06-21Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.25666 of 2016 (2) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25666 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -BUDHUCHAK District- BHAGALPUR ====================================================== Kunal Sah @ Krishna, S/o- Arvind Sah, resident of Village- Ekdara, P.S. Budhu Chak, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Singh, Advocate. For the Opposite Party : Mr. Smt. Asha Kumari (APP). ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 498(A), 304(B) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The petitioner is husband of the deceased, who died within two years of her marriage in other than normal circumstance.

There is accusation against the petitioner that he along with his other family members made illegal demand and when the aforesaid illegal demand was not fulfilled, the petitioner as well as his other family members killed the deceased. Submission on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.25666 of 2016 (2) dt.21-06-2016 deceased was not satisfied with her marriage and, as a matter of fact, prior to her death, she was caught red handed in objectionable condition along with her elder brother-in-law and being frustrated with the above stated situation, she committed suicide, which is evident from perusal of column-2 of the seizure list. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Hence, his prayer for bail in connection with S.Tr. No. 320 of 2016, arising out of Budhuchak P.S. Case No. 30 of 2015, pending in the Court of Additional Sessions Judge IV, Bhagalpur stands rejected.

(Hemant Kumar Srivastava, J.) Amit/- U T