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Patna High CourtCR. MISC./7700/2017rejected

Dharmendra Kumar v. The State Of Bihar

2017-03-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7700 of 2017 Arising Out of PS.Case No. -372 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Dharmendra Kumar, s/o Ram Chandra Rai, resident of village Sarah Singhaila, P.S. Motipur, district Muzaffarpur .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar @ S.K. Arun, Adv. For the Opposite Party : Mr. Manoj Kumar - 1, APP 185 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 304B/34 of the Indian Penal Code. The petitioner is husband of Kajal Kumari, who was married with the petitioner two years prior to her death. There is allegation of demand of dowry and torture for the same and for non-fulfillment of dowry demand commission of death for dowry.

Submission of the petitioner is that post mortem report would reveal that the victim died of liver psoriasis. However, no prescription of her treatment was found. His next submission was that no external injury was found on the person of the deceased.

In the matter of dowry death, there is no need of external or internal injury. If the victim commits suicide for torture and demand of dowry, then, also the petitioner is liable for the same.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

Patna High Court Cr.Misc. No.7700 of 2017 (3) dt.28-03-2017 2/2 The prayer for bail is refused.

The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) SA/- U √ T √