Ajay Prasad Kushwaha @ Ajay Kumar @ Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48592 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ajay Prasad Kushwaha @ Ajay Kumar @ Ajay Prasad S/O Harihar Prasad Kushwaha R/O Village- Pataura, Pran Tola, P.S- Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Muffasil P.S. case No. 92 of 2023 instituted for the offence under Sections 304(B), 201/34 of the Indian Penal Code. As per allegation in the FIR, the informant alleged that the petitioner, being husband of the deceased along with his family members have committed murder of his daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint with respect

Patna High Court CR. MISC. No.48592 of 2023(3) dt.05-09-2023 2/2 to dowry demand or torture and harassment by the husband and his family members. The petitioner has got no criminal antecedent and languishing in judicial custody since 07.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during investigation, witnesses of this case have supported the prosecution case. It is further submitted that the postmortem report of the deceased, annexed with the case diary also supports the prosecution case wherein, doctor opined that the cause of death is Asphyxia due to throttling and injury which is mentioned in the postmortem report caused by hard and blunt substance.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T