Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62370 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- KHANPURA District- Samastipur ====================================================== Rohit Kumar, Son Of Ram Dular Singh Resident Of Village - Gotiyahi Rebra, P.S.- Khanpur, District - Samastipur.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh For the Opposite Party/s :
Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offences punishable under Section 304-B/ 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 17.04.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.
The learned counsel for the petitioner further submits that the informant alleges that about seven months back, the petitioner had married her daughter and after marriage, the petitioner and his family members were demanding motorcycle and were torturing the deceased as informed by the deceased to
Patna High Court CR. MISC. No.62370 of 2021(3) dt.30-03-2022 2/3 the informant. On 04.06.2020, the informant came to know that the accused persons including the petitioner have killed the deceased and fled away and accordingly, the informant reached the place of occurrence and saw the dead body of his daughter lying on a bed inside a room.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is submitted that petitioner and the deceased belonged to different caste, but fell in love and they married for which, a criminal case was also instituted by the side of the deceased, but on the intervention of the Court, the deceased was allowed to go and stay with the petitioner as per her wish. Since she was a major. The learned counsel for the petitioner further submits that since the marriage was a love marriage and the petitioner and the deceased got married after eloping for which a criminal case was also instituted, as such, it absolutely does not stand to reason as to why the petitioner or his family members would be demanding a motorcycle by way of dowry. The learned counsel submits that it was an inter-caste marriage and the petitioner and the deceased were young and they realized later the folly of the marriage on which the deceased, it seems became depressed and thus, committed suicide by consuming poison.
Patna High Court CR. MISC. No.62370 of 2021(3) dt.30-03-2022 3/3 Learned A.P.P. opposes the bail application and submits that the submission made by the learned counsel for the petitioner appears to be attractive, but then the marriage was only few months old within which the deceased died. It is also submitted that for the present even presumption for the purposes of bail is against the petitioner.
Considering the submission made by the learned A.P.P. for the State, the Court is not inclined to grant bail to the petitioner for the present.
Accordingly, prayer for bail of the petitioner stands rejected.
(Satyavrat Verma, J) vikash/- U T