Dharmendra Gupta @ Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40504 of 2020 Arising Out of PS. Case No.-277 Year-2019 Thana- DINARA District- Rohtas ====================================================== DHARMENDRA GUPTA @ DHARMENDRA SAH SON OF SHAYAM BIHARI SAH RESIDENT OF VILLAGE - BISI KALA, P.S. - DINARA, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Tiwary For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is the husband who has been in custody since 07.11.2019 in connection with Dinara P.S. Case No. 277/2019 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other co-accused (in-laws) tortured the deceased for demand of dowry and due to non-fulfillment of the same, she was killed by them.

It is submitted on behalf of the petitioner that the deceased committed suicide and at the time of occurrence, the petitioner was working in Indore (M.P.) and after getting

Patna High Court CR. MISC. No.40504 of 2020(2) dt.08-02-2021 2/2 information, he came back and informed the informant and her family members about the incident.

However, learned A.P.P. appearing on behalf of the State vehemently opposed the bail application and submitted that there is allegation of demand of dowry and the petitioner happens to be husband of the deceased. It is further submitted that the doctor has opined the cause of death due to hanging and the deceased was found dead in her matrimonial home. However, considering the fact that petitioner is the husband who has the moral responsibility to take care of his wife and the death occurred on account of demand of dowry, I am not inclined to grant bail to this petitioner. It is accordingly rejected.

Trial Court is directed to conclude the trial as early as possible.

(Prabhat Kumar Singh, J) Saif/- U T