Rameshwar Gupta @ Gupteshwar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40494 of 2022 Arising Out of PS. Case No.-3 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== Rameshwar Gupta @ Gupteshwar Sah S/O Bharat Sah Resident of villageLilari, P.S.- Baghaib, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Upadhyay For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 498A, 304B and other sections of Indian Penal Code.
It is a case of dowry death. Allegation against petitioner is that he along with other FIR named accused persons caused death of the daughter of informant due to nonfulfillment of demand of dowry. Petitioner is husband of the deceased.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, deceased was brought for treatment by the petitioner in Sir Sundar Lal Hospital, B.H.U. Varanasi and there she was diagnosed with acute Hepatitis and
Patna High Court CR. MISC. No.40494 of 2022(2) dt.28-11-2022 2/2 during course of treatment she died due to cardio pulmonary arrest. Petitioner has got clean antecedent.
Learned counsel for the State opposes the prayer for bail application submitting that specific accusation of demand of dowry is against this petitioner and she died within 5 years of marriage.
Considering the specific accusation against the petitioner, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) navya/- U T