Pankaj Kumar @ Pankaj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52515 of 2021 Arising Out of PS. Case No.-164 Year-2019 Thana- SINGHWARA District- Darbhanga ====================================================== Pankaj Kumar @ Pankaj Kumar Sharma S/O Ramesh Thakur R/O VillageMirzapur, Jagani, P.S-Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Singhwara P.S. Case No. 164 of 2019, registered for the offence punishable under Sections 328, 304(B) and 34 of the Indian Penal Code. As per the prosecution case, marriage of informant's daughter was solemnized with petitioner in the year 2014. After marriage all the accused persons including this petitioner started demanding dowry and subjecting her (informant's daughter) to mental and physical torture. Ultimately, the accused persons killed her by administering poison due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such

Patna High Court CR. MISC. No.52515 of 2021(3) dt.21-01-2022 2/2 occurrence has ever taken place and there was no demand of dowry by the petitioner. As a matter of fact, petitioner has good relation with his wife (deceased) and both were living happily. In fact, deceased has committed suicide. There is general and omnibus allegation. The police after investigation submitted chargesheet under Section 306/34 IPC. Petitioner is in custody since 03.07.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T