Chhappan Kumar @ Sanjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66722 of 2021 Arising Out of PS. Case No.-296 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Chhappan Kumar @ Sanjay, aged about 36 years, male, S/o Suresh Bind @ Maruti R/o village- Malhipur Bind Toli, P.S.- Barauni (Chakia), DistrictBegusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-02-2022 The matter has been listed today for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Barauni (Chakia) P. S. Case No. 296 of 2020 instituted for the offence punishable under Section(s) 304(B) and 201 of the Indian Penal Code. This is the second attempt of the petitioner for grant of bail. Earlier, petitioner's prayer for bail was rejected by this

Patna High Court CR. MISC. No.66722 of 2021(4) dt.16-02-2022 2/2 Court vide order dated 25.03.2021, passed in Cr. Misc. No. 405 of 2021 having regard to the unnatural death at the Matrimonial home within seven years from the date of marriage, viewed with demand of dowry in the background. The petitioner is husband of the victim.

Learned counsel for petitioner submits that the victim was aged about 35 years and the petitioner to discharge social obligation had solemnized marriage with her after his brother passed away. The entire prosecution case is based on demand for dowry, therefore, is highly improbable. The petitioner has remained now in custody since 12.08.2020. Having regard to the nature of accusation along with criminal antecedents of the petitioner based on his allegation in six other cases, as per disclosure made in paragraph No. 3 of the bail petition, this Court, for the present, is not inclined to allow the prayer. Bail application stands rejected.

(Madhuresh Prasad, J) shyambihari/- U T