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Patna High CourtCR. MISC./61553/2021bail rejected

Manish Kumar v. The State Of Bihar

2022-02-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61553 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- MANER District- Patna ====================================================== Manish Kumar S/O Shivnarayan Singh @ Shivnarayan Rai R/O VillageDhakanposh, P.S.- Maner, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party :

Mr.Jitendra Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner and his family members killed the informant's daughter due to nonfilfilment of demand of dowry. Learned counsel for the petitioner submits that the petitioner happens to be the husband of the deceased. He denies the allegation and submits that there is general and omnibus allegation against all the accused persons and no specific overt act has been alleged against the petitioner and the police after investigation submitted chargesheet for the offence punishable

Patna High Court CR. MISC. No.61553 of 2021(2) dt.15-02-2022 2/2 under section 306 Indian Penal Code. Petitioner is in custody since 2.1.2021.

Learned counsel for the State opposes the prayer for bail and submits that it is a case of dowry death and there is specific allegation against the petitioner that he along with other family members subjected the victim to cruelty and finally they killed her in a planned conspiracy.

Considering the rival submissions of the parties and the fact that the petitioner is the husband of the victim who died within seven years of marriage in suspicious condition at her matrimonial home, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T