Roshan Kumar @ Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45678 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- KAKO District- Jehanabad ====================================================== Roshan Kumar @ Roushan Kumar, (Male), aged about 23 years, Son of Lalji Pandit, R/O Village- Maniawan, P.S.- Kako, District- Jehanabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitender Kumar, Advocate For the Informant : Mr. Ranjay Kumar Singh, Advocate For the State :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kako P.S. Case No. 290 of 2023 dated 22.08.2023 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of Rs. 1,50,000/- as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner neither demanded

Patna High Court CR. MISC. No.45678 of 2024(2) dt.25-07-2024 2/3 any dowry nor tortured the informant's daughter. The petitioner is the husband of the deceased. The deceased had herself committed suicide due to tension in her naihar. The deceased was not happy with her marriage due to dark facial colour of the petitioner and the petitioner is also less educated than her and due to pressure of her naihar she agreed to marry with the petitioner. It is further submitted that on the earlier occasion, also, the deceased tried to commit suicide but somehow she was saved by the petitioner. The charge sheet has been submitted in the present case. The other co-accused persons have already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 11060 of 2024, annexed as Annexure- P/2 to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 17.01.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for bail petition of the petitioner who is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Kako P.S. Case No.

Patna High Court CR. MISC. No.45678 of 2024(2) dt.25-07-2024 3/3 290 of 2023, pending in the court of learned S.D.J.M., Jehanabad.

7. The application stands rejected.

(Chandra Prakash Singh, J) U.K./- U T