Patna High CourtCR. MISC./43412/2023bail rejected

Dhanu Kumar @ Dhannu Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43412 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== DHANU KUMAR @ DHANNU KUMAR S/O JIYODHAN SINGH R/O Village- Madariha, P.S- Charpokhari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Charpokhari P.S. Case No. 223 of 2022 dated 01.12.2022 registered for the offences punishable u/ss 341, 323, 304B of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's sister due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43412 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner never demanded any dowry nor tortured the victim. It is further submitted that as per post-mortem report, the cause of death was asphyxia due to hanging. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is the husband of the deceased and he is in custody since 10.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner who is the husband of the deceased.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.

8. Accordingly, his prayer for grant of bail is rejected. (Chandra Prakash Singh, J) Gautam/- U T