Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53835 of 2024 Arising Out of PS. Case No.-105 Year-2022 Thana- KONCH District- Gaya ====================================================== Pramod Kumar son of Late Rambilash Mahto Resident Of Village-Shrigaw Ps- Konch Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Saxena, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 304B/34 and other ancillary sections of the Indian Penal Code.
3. It is a case of dowry death and petitioner is husband of the deceased.
4. Learned counsel appearing for the petitioner submits that from the FIR itself it is clear that the petitioner was living at Surat at the relevant time and sister of informant was alone at the matrimonial house. It is further submitted that the petitioner never demanded dowry nor committed torture on the deceased due to non-fulfilment of demand of dowry. Charge sheet has already been submitted. Petitioner is in custody since 5.4.2024.
5. Learned counsel for the State opposed the prayer for bail. He submits that the petitioner is named in the FIR with allegation that he along with his family members subjected informant's sister to cruelty and harassment for non-fulfilment
Patna High Court CR. MISC. No.53835 of 2024(3) dt.06-12-2024 2/2 of demand of dowry. Besides this, post mortem report reveals that cause of death was asphyxia due to hanging.
6. Considering the nature of accusation and the fact that the petitioner is husband of the deceased, who died at her matrimonial house within seven years of marriage under unnatural circumstances, prayer for regular bail of the petitioner is rejected (Prabhat Kumar Singh, J) Shashi U T