Patna High CourtCR. MISC./54387/2022bail rejected

Lakshman Kumar @ Lakshman Chaudhary v. The State Of Bihar

2023-02-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54387 of 2022 Arising Out of PS. Case No.-328 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== LAKSHMAN KUMAR @ LAKSHMAN CHAUDHARY S/O BHOLA CHAUDHARY Resident of village- Rewar, P.S.- Dhamaul, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-02-2023 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 304B/34 of the Indian Penal Code, registered in connection with Pakaribarawan P.S.Case No. 328 of 2021.

As per allegation, the marriage of the daughter of the informant was solemnized with the petitioner on 25.04.2021 with Hindu rituals and customs. The customary presents were given at the occasion of marriage. After one month of marriage, the petitioner and his family members, named in the FIR, started demanding gold and cash from the daughter of the informant. On denial, they strangulated her to death on 18.10.2021.

Patna High Court CR. MISC. No.54387 of 2022(2) dt.02-02-2023 2/2 The learned counsel for the petitioner has submitted that he is innocent. As a matter of fact, she strangulated herself to death and falsely implicated the accused persons. He has submitted further that she was insisting to go from matrimonial house as she was having love affair with another person. On the other hand, the learned APP has opposed the prayer for anticipatory bail.

The marriage of the deceased was solemnized with the petitioner on 25.04.2021 and within six months of marriage, she died in her matrimonial house. There is allegation against the petitioner and other accused persons that they strangulated her to death for non-fulfilment of demand of dowry. In my view, it is not a fit case for anticipatory bail to the petitioner. It is accordingly rejected.

(Nawneet Kumar Pandey, J) HR/- U T