Dinesh Prasad @ Dinesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5120 of 2021 Arising Out of PS. Case No.-117 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Dinesh Prasad @ Dinesh Bhagat S/O Rajendra Prasad @ Rajendra Bhagat R/O Village- Domaghat, P.S.- Madhuban, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Santosh Kumar, Advocate For the Opposite Party :

Mr.Murlidhar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Madhuban Police Station Case No. 117 of 2019 registered for the offences punishable under sections 304B/34 of the Indian Penal Code. As per the prosecution case, informant's sister was married to the petitioner 6/7 years before and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry for which a case had also been lodged. Petitioner and his family members finally killed her for non-fulfilment of dowry demand.

Learned counsel for the petitioner submits that in fact sister of the informant was suffering from serious ailments and she died during treatment. He submits that offence under section 304B of the Indian Penal Code would not be attracted against the petitioner. Besides this, there is general and omnibus allegation against the petitioner. Petitioner is in custody since 7.7.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that petitioner, being husband of the victim, used to demand dowry and

Patna High Court CR. MISC. No.5120 of 2021(3) dt.22-06-2021 2/2 committed torture on her and in league with his family members he killed her in a planned conspiracy.

Considering the rival submissions of the parties, materials available on the record and the fact that the informant's sister died within seven years of marriage under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T