Patna High CourtCR. MISC./61325/2024bail rejected

Pawan Kumar v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61325 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- HASPURA District- Aurangabad ====================================================== Pawan Kumar Son of Late Sukan Vishwakarma R/O Village and P.O.- Pachrukhiya, P.S.- Hasupara, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tuhin Shankar, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Haspura P.S. Case No. 115 of 2024 dated 25.07.2024 registered for the offences punishable under Section 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the

Patna High Court CR. MISC. No.61325 of 2024(2) dt.10-09-2024 2/2 husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for regular bail of the petitioner by submitting that the deceased was subjected to torture mentally and physically for the sake of dowry and she was strangulated to death. The post-mortem report reveals that the cause of death is asphyxia due to hanging.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Haspura P.S. Case No. 115 of 2024, pending in the Court of leaned Judicial Magistrate-1st Class, Daudnagar, Aurangabad.

7. Accordingly, the application stands rejected. (Chandra Prakash Singh, J) shivam/- U T