Praduman Prajapati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57780 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== Praduman Prajapati Son of Ramdular Prajapati R/O Vill.- Kanhanar, P.S.- Adhaura, Dist.- Kaimur At Bhabua ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
2. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 18.04.2024 passed in Cr. Misc. No. 10703 of 2024.
3. The following order was passed on 18.04.2024 in Cr. Misc. No. 10703 of 2024:- "Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in a case registered for the offence under Sections 304B, 201, 498 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per the prosecution case, the marriage of the deceased was solemnized on 16.02.2023 and she has alleged to have been killed on 29.08.2023. The informant
Patna High Court CR. MISC. No.57780 of 2024(2) dt.31-08-2024 2/3 has alleged that there was demand of motorcycle etc., and for that the deceased was killed and her dead body has been cremated without waiting for the family members of the deceased.
4. Learned counsel for the petitioner submits that the informant and her family members were informed about the illness and death of the deceased and when they did not come for two days, the dead body of the deceased was cremated. Petitioner is in custody since 11.09.2023.
5. Learned A.P.P. has vehemently opposed the prayer for bail.
6. I have considered the submissions of the parties.
7. The death has occurred within six-seven months of marriage. Petitioner has not informed the police and without waiting for the family members of the deceased, the dead body of the deceased was cremated which supports the prosecution case.
8. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. This application for regular bail is dismissed
9. The court below is directed to expedite the trial of the petitioner."
4. The petitioner is facing trial for a dowry death case in which the deceased died within six months of marriage. The informant is the father of the deceased.
Patna High Court CR. MISC. No.57780 of 2024(2) dt.31-08-2024 3/3
5. It has been submitted by the learned counsel for the petitioner that the informant has now become hostile therefore he deserves bail.
6. In my opinion, the accused persons are tampering with the evidence.
7. In view of the above, this application is dismissed. (Sandeep Kumar, J) Saif/- U T