Chandan Kumar @ Chandan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58378 of 2024 Arising Out of PS. Case No.-327 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Chandan Kumar @ Chandan Das son of Baleshwar Ravidas @ Baleshwar DAs Village- Jori Bigha Ps- Chandauti Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ajay Das son of Siya Lal Das R/o- Dharampur PS- Kako Dist- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with S.Tr. No. 49 of 2024/61 of 2024 arising out of Chandauti P.S. Case No. 327 of 2023, registered for the offences punishable under Sections 304-B and 201 of the Indian Penal Code.
3. It is a case of dowry death. Informant's daughter was married with the petitioner on 04.05.2020. Later on, petitioner and his family members started subjecting her to cruelty and harassment for non-fulfillment of demand of dowry. It is further alleged that the accused persons killed informant's daughter by burnt her.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.58378 of 2024(3) dt.25-10-2024 2/2 petitioner is husband of the deceased. FIR has been lodged after a delay of eight days and there is no explanation for the delay. As a matter of fact deceased died due to illness. Petitioner informed parents of deceased about her death and parents of deceased had also come and participated in the cremation. Petitioner is in custody since 05.09.2023.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail and submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfillment of dowry demand.
6. Considering the fact that the petitioner is husband of the deceased, who died in unnatural condition within seven years of marriage in her in-laws house, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) utkarsh/- U T