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Patna High Court/40731/2020bail rejected

Saif Ali v. The State Of Bihar

2021-02-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 40731 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- KOTWA District- East Champaran ====================================================== SAIF ALI aged about 24 years son of MD KALAM Resident of VillageKhemai Patti, P.S.- Minapur, Distt- Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in Kotwa Police Station Case No. 73 of 2020 registered for the offences punishable under sections 304B/34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married to the petitioner in the year 2019. Soon thereafter the in-laws including the petitioner started subjecting her to torture and harassment due to non-fulfilment of dowry demand of motorcycle. It is further alleged that the petitioner killed informant's daughter by pressing her neck.

Learned counsel for the petitioner submits that the victim in fact committed suicide by hanging herself as she did not want to live with the petitioner. Petitioner is in custody since 7.3.2020.

Patna High Court CR. MISC. No. 40731 of 2020(2) dt.24-02-2021 2/2 Learned counsel for the State and the informant oppose the prayer for bail and submit that the petitioner is husband and the victim died at her matrimonial house within seven years of marriage and there is allegation against the petitioner that he subjected her to torture and ultimately killed her by pressing her neck. In the post mortem report, the doctor has opined that the cause of death was asphyxia as a result of throttling which supports the prosecution case. In view of the specific allegation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T