Patna High CourtCR. MISC./60662/2021dismissed

Rahul Kumar v. The State Of Bihar

2022-03-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60662 of 2021 Arising Out of PS. Case No.-433 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== RAHUL KUMAR S/o- Birendra Kumar @ Jaith Ram @ Chauth Ram R/o Mohalla- Janakpur, River Side, Manpur, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

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 caused death of the daughter of informant for demand of dowry.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no eye witness of the occurrence and petitioner never demanded any dowry or tortured the deceased. The victim died due to illness and in the post mortem the doctor did not

Patna High Court CR. MISC. No.60662 of 2021(3) dt.25-03-2022 2/2 find any external injury and cause of death could not be ascertained. Petitioner claims clean antecedent and is in custody since 12.03.2021 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 seven years 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