Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53277 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- HISUWA District- Nawada ====================================================== Pintu Kumar SON OF ANIL PRASAD @ GORELAL YADAV Resident of Village- Jhulan Bigha, P.S. -Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manmohan Kumar, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar. A{{/ ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hisua P.S. Case No. 315 of 2023 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the marriage of the informant's daughter, namely, Poonam Kumari was solemnized with the petitioner in the year 2019. After Duragaman, the petitioner along with other accused persons started demanding dowry of Rs. 5 lacs and on non-fulfillment of demand of dowry, they also tortured her physically and mentally. Eventually, on 22.06.2023, all the accused persons,

Patna High Court CR. MISC. No.53277 of 2024(3) dt.30-08-2024 2/3 having conspiracy with each other, killed the informant's daughter by pressing her neck.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is husband of the deceased. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is totally false and based on concocted facts. He has neither made any dowry demand nor subjected the informant to any cruelty nor committed her murder. The real fact is that the deceased died due to dehydration in course of her treatment. Petitioner has no role in death of the deceased. He has no criminal antecedent as mentioned in para 3 of the bail application. It is further submitted that he is in custody since 12.07.2023 and charge has been framed against him.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the offence and the fact that petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on bail. The prayer for

Patna High Court CR. MISC. No.53277 of 2024(3) dt.30-08-2024 3/3 regular bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T