Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1718 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SANTU KUMAR Son of Late Bhuneshwar Prasad @ Bhuwneshwar Prasad Resident of Village- Kebal Bigha Ghangh, P.S.- Bakhtiyarpur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bakhtiyarpur P.S. Case No. 123 of 2020, registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with this petitioner on 13.07.2020. Soon after marriage, this petitioner and her in-laws started subjecting her to torture and harassment for dowry. Ultimately, on 05.05.2020 all the accused persons including this petitioner due to nonfulfillment of demand of dowry, killed the daughter of informant and concealed her dead body.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No demand

Patna High Court CR. MISC. No.1718 of 2021(3) dt.12-03-2021 2/2 of dowry was ever made by the petitioner or his family members. In fact, the deceased herself committed suicide by taking poison after quarrel with the petitioner. Petitioner is in custody since 08.05.2020 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and deceased died within seven years of her marriage at her sasural in unnatural circumstances.

Considering the facts aforesaid nature and gravity of offence, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

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