Vidhan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5122 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Vidhan Thakur Son of Ragho Thakur Resident of Village-Budhi Dalaya,P.SKuchaikot,District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kaushlendra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-04-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Kuchaikot P.S. Case No. 303 of 2020, G.R. Case No. 2641 of 2020, registered for the offence under Sections 304(B)/34 of the Indian Penal Code. As per prosecution case, the daughter of the informant was married with the petitioner on 12.05.2018 and it is alleged that after the marriage, this petitioner alongwith other in-laws members of the deceased started demanding dowry in the form of 4-wheeler, and for which, the daughter of the informant was subjected to torture and cruelty by her in-laws members and due to non-fulfillment of the same, on 07.08.2020, the daughter of the informant was killed by all the accused persons. It is submitted on behalf of petitioner that petitioner is

Patna High Court CR. MISC. No.5122 of 2021(2) dt.09-04-2021 2/2 innocent and has committed no offence. In fact, the deceased had some extra-marital affairs and due to which, a panchayati was held and in depression, the deceased committed suicide. However, learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is husband of the deceased and deceased has died within seven years of marriage at her matrimonial house in an unnatural circumstances and also there is allegation of demand of dowry against the petitioner and post-mortem report also suggests that the cause of death is Combined Asphyxia due to throttling. Considering the aforesaid facts and circumstances and the fact that deceased had died within seven years of marriage at her matrimonial in an unnatural circumstances, the bail application of petitioner stands dismissed.

(Prabhat Kumar Singh, J.) anay U T