Patna High CourtCR. MISC./40797/2020bail rejected

Raju Kumar v. The State Of Bihar

2022-02-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40797 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Raju Kumar Son Of Dilip Kumar Ray Resident of Village - Shahpur Jumed Tola laxmipur, Gorihar Khalik Nagar, P.S.- Sakra,(Bariyarpur), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sakra P.S. Case No. 77 of 2019, registered for the offence under Section 304(B)/34 of the Indian Penal Code.

It is a case of 'Dowry Death'. The petitioner, who is husband of the deceased, is alleged to have committed her murder due to non-fulfillment of demand of dowry. It is submitted that petitioner is quite innocent and no such occurrence has taken place. As a matter of fact, the petitioner was working at Gujrat and the deceased insisted to take her to Gujrat and due to petty dispute, she committed suicide by hanging. Post-mortem report also suggests that the

Patna High Court CR. MISC. No.40797 of 2020(20) dt.07-02-2022 2/2 deceased died due to Asphyxia as a result of ante-mortem hanging. Petitioner is in custody since 26.03.2019. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry against him. Deceased has died within seven years of marriage in an unnatural circumstances.

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. However, since the petitioner is in custody since 26.03.2019, the learned trial court is directed to conclude the trial as early as possible.

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