Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54083 of 2021 Arising Out of PS. Case No.-122 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Pankaj Kumar Son of Ajablal Ray Resident of Vill-. Mohanpur P.S. - Minapur Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

28-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Minapur P.S. Case No. 122 of 2018, G.R. No. 1330 of 2018, registered for the offence under Section 302, 201, 34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with petitioner in the year 2012 and after the marriage, this petitioner alongwith his family members started torturing daughter of the informant. It is further alleged that on 28.01.2018, all the accused persons including this petitioner killed daughter of informant due to non-fulfillment of additional demand of Rs. One lac, as dowry.

It is submitted on behalf of petitioner that during course of investigation, it has come that the witnesses also did not make any allegation of demand of dowry and torture against

Patna High Court CR. MISC. No.54083 of 2021(4) dt.28-01-2022 2/2 the petitioner and his family members. In fact, a day prior to her death, the deceased was seriously ill, and while being taken to hospital, on way, she died and information regarding her death was given to her parents and they also participated in funeral of the deceased. There is no specific allegation of demand of dowry against this petitioner and he is in custody since 23.04.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific and direct allegation of demand of dowry. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial home.

Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay U T