Patna High CourtCR. MISC./59486/2021bail rejected

Niraj Kumar @ Feku Rai v. The State Of Bihar

2022-05-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59486 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- PATORI District- Samastipur ====================================================== NIRAJ KUMAR @ FEKU RAI Son of Ravindra Ray @ Malbabu Resident of Village - Amdipur, P.s.- Patori, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with his family members committed torture and killed the daughter of informant due to non-fulfillment of demand of dowry. Petitioner happens to be husband of the deceased. Learned counsel appearing for the petitioner submits that no such occurrence, as alleged in the FIR, has ever taken place. There is no eye witness of the occurrence and petitioner never demanded any dowry or tortured the deceased. The victim committed suicide and this fact is supported by post mortem report wherein cause of death has been found to be asphyxia.

Patna High Court CR. MISC. No.59486 of 2021(3) dt.09-05-2022 2/2 Petitioner claims clean antecedent and is in custody since 20.07.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is husband of the deceased and deceased died within one year of marriage in her matrimonial house under unnatural circumstances and there is allegation of demand of dowry.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

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