Biru Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40401 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- KATORIYA District- Banka ====================================================== BIRU KAPRI S/O LATE RAJENDRA KAPRI Resident of Village- Kevat Tola, Radhanagar, P.S.- Katoria, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 302, 328/34 of the Indian Penal Code, in connection with Katoria P.S. Case No. 225 of 2021.

As per the prosecution story, the petitioner was married to Neelam Devi (deceased), sister of the informant but was tortured for dowry every now and then. On 28.8.2021, the informant got knowledge of alleged death of his sister. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that although he is the husband, he did not had any role to play in the

Patna High Court CR. MISC. No.40401 of 2022(2) dt.12-10-2022 2/2 matter and the police after investigation has submitted chargesheet under section 306 of the Indian Penal Code. Be that as it may, the petitioner being the husband cannot exonerate himself from the responsibility of having failed to protect his wife and the lady is now no more, this Court for the present is not inclined to grant him any relief and the prayer for bail is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T