Bhupendra Singh @ Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48490 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -CHANDI District- BHOJPUR ====================================================== Bhupendra Singh @ Pintu Kumar Son of Siwadhar Singh, Resident of Village- Sundra, P.S. Chandi, District- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Chandi P.S. Case No. 45 of 2015 registered under sections 498(A), 304(B) and 34 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Bhojpur, Ara.
The allegation against the petitioner, who is husband of the deceased, is of torture and assault due to non-fulfillment of demand of dowry, which ultimately led to her death. Submission of learned counsel for the petitioner is that petitioner is 50% disabled since childhood and totally dependent upon his wife. He further submits that he has falsely been implicated in this case.
Patna High Court Cr.Misc. No.48490 of 2016 (4) dt.16-01-2017 2/2 Learned A.P.P. appearing on behalf of the State submits that petitioner is named in the F.I.R. and independent witness at paragraph nos. 7, 8, 9, 10 and 21 of the case diary has specifically supported the prosecution case.
Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, prayer of the petitioner for bail is rejected.
(Arvind Srivastava, J) Shail/- U T