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Patna High CourtCR. MISC./52000/2021bail rejected

Deepak Kumar v. The State Of Bihar

2022-03-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52000 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- DHANARUA District- Patna ====================================================== DEEPAK KUMAR Son of Prithvi Raj @ Prithvi Raj Chauhan Resident of Village - Hazrat Sain, P.S.- Dhanarua, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2017. Soon after the marriage the accused persons including the petitioner herein started making demand of dowry and on nonfulfilment of the same started to assault and torture the daughter of the informant. The informant received information that the in-laws family of his daughter had killed her. On reaching her sasural the informant states that he saw ligature mark around her neck as also injury on her head.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.52000 of 2021(3) dt.25-03-2022 2/2 that the petitioner has been falsely implicated in the case. It transpired in course of investigation that both the petitioner and the deceased were married from before and thereafter they entered into a marriage which was not liked to by the members of the family and the deceased committed suicide. The petitioner is in custody since 1.10.2020 and has no criminal antecedent. No offence under section 304B of the Indian Penal Code is made out.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation specially the contents of the postmortem report and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Bibhash/- U