Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55059 of 2023 Arising Out of PS. Case No.-518 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== RAHUL KUMAR S/o Ramanand Ray R/o vill - Chaklalshahi, P.S. - Tajpur (Halai O.P), Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for grant of regular bail in connection with Tajpur (Halai O.P.) P.S. Case No. 518 of 2022 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, informant's marriage was solemnized on 19.8.2020 with the petitioner and out of the said wedlock, there is a male child. It is alleged that petitioner and his other family members threatened the informant's daughter to fulfill the additional dowry demanded Rs. 2 lac otherwise she would be killed by them. Deceased had given the information regarding threatening

Patna High Court CR. MISC. No.55059 of 2023(4) dt.05-12-2023 2/3 by her husband and in-laws to her mother by phone on 1.11.2022. On same day, a panchayati was held at her sasural with the help of her parents. On very next day, informant's daughter was killed by the accused persons by hanging. Police seized the dead body from her matrimonial home and thereafter postmortem was conducted and FIR was lodged.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He had never demanded any thing from her wife or her parents. In fact, deceased died a natural death. Petitioner has got no criminal antecedent and languishing in judicial custody since 16.5.2023.

Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail and submitted that during investigation, several witnesses have supported the prosecution story. As per inquest report, a black 'U' shape mark was present around her neck. Death of the deceased was caused in abnormal circumstances within seven years of marriage.

Patna High Court CR. MISC. No.55059 of 2023(4) dt.05-12-2023 3/3 Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U