Rakesh Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52841 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Rakesh Kushwaha Son Of Rudal Kuswaha R/o Village- Bishunitola, P.S.- Bhore, Distt- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devanand Tiwari For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== 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 Bhore P.S. Case No. 48 of 2020, registered for the offence punishable under Sections 304(B), 120(B) and 34 of the Indian Penal Code. As per the FIR, this petitioner along with other coaccused persons committed murder of informant's daughter by pressing her neck 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 occurrence has ever taken place and there was no demand of dowry by the petitioner. There is general and omnibus allegation. In fact, deceased committed suicide and as per
Patna High Court CR. MISC. No.52841 of 2021(3) dt.21-01-2022 2/2 postmortem report the cause of death is Asphyxia due to hanging. Petitioner is in custody since 22.07.2021 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