Patna High CourtCR. MISC./60998/2024bail rejected

Dharmendra Kumar @ Munna v. The State Of Bihar

2024-09-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60998 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- BATHNAHA District- Sitamarhi ====================================================== Dharmendra Kumar @ Munna S/O Ram Babu Singh R/O Village- Bairaha (WARD No. 11), P.S- Bathnaha, Distt.- Sitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar, Adv For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bathnaha P.S. Case No. 38 of 2024 dated 01.02.2024 registered for the offence punishable u/s 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter by hanging due to non-fulfillment of demand of motorcycle and Rs. 5,00,000/- as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The

Patna High Court CR. MISC. No.60998 of 2024(2) dt.05-09-2024 2/2 petitioner neither demanded any dowry nor tortured the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2024.

5. 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 who committed murder due to non-fulfillment of demand of dowry within seven years of marriage.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bathnaha P.S. Case No. 38 of 2024 pending in the court of learned Additional Sessions Judge IV, Sitamarhi.

7. The application stands rejected.

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