Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67411 of 2021 Arising Out of PS. Case No.-91 Year-2019 Thana- TARAPUR District- Munger ====================================================== ARVIND KUMAR Son of Laturi Ravidas Resident of Village- Dhobai, P.S.- Tarapur, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Ramchandra Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 504, 307, 506/34, 302 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 13.08.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that she was married to the petitioner in 2018 and after one and half month of marriage, the petitioner went to Mumbai. Further, the informant failed in her +2 examination on which mother-in-law and sister-in-law
Patna High Court CR. MISC. No.67411 of 2021(2) dt.20-04-2022 2/3 taunted and assaulted saying that she did not pass the examination as she used to talk to other boys. Further, the husband of the informant started demanding a motorcycle and a golden chain and on non-fulfillment of the same she was meted with cruelty. It is further alleged that on 17.05.2019, the husband of the informant asked her to go back to her parental home. Further, the mother-in-law of the informant tried to setting her ablaze by pouring kerosene oil but she fled to save herself but became unconscious.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. It is true that the deceased died on account of burning but she herself committed suicide as she has failed in the examination.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the fardbeyan of the informant is akin to a dying declaration and she has specifically alleged that the petitioner was demanding dowry and when the occurrence took place he was at home. Being the husband, it was his responsibility to ensure that no torture is meted out with the informant (deceased). Learned A.P.P. also submits that the marriage was only about one and
Patna High Court CR. MISC. No.67411 of 2021(2) dt.20-04-2022 3/3 half month old.
Considering the submission made by the learned A.P.P., the Court, for the present, is not inclined to grant bail to the petitioner in connection with Tarapur P.S. Case No. 91 of 2019 pending in the Court of learned Additional Chief Judicial Magistrate-IV, Munger/successor Court.
Accordingly, prayer for bail is refused.
(Satyavrat Verma, J) Kundan/- U T