Patna High CourtCR. MISC./50375/2023bail rejected

Rohit Kumar v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 50375 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Rohit Kumar Son Of Suresh Ray Resident Of Village- Gadhsisai, PsVidyapati Nagar, Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Vidyapati Nagar P.S. Case No. 03 of 2023 dated 12.01.2023 registered for the offences u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have hanged the daughter of the informant to death after wrapping her Saree around her neck

Patna High Court CR. MISC. No. 50375 of 2023(2) dt.16-08-2023 2/2 due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. Charge-sheet has already been submitted against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner , I am not inclined to enlarge the petitioner on bail.

8. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T