Rupesh Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63735 of 2024 Arising Out of PS. Case No.-84 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Rupesh Mallik Son of Sikandra Mallik R/o Village- Atri, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner seeks regular bail in a case registered for the offence punishable under section 304B. 302 and 34 of the Indian Penal Code .

3 . It is a case of dowry death. Petitioner was married with daughter of informant 8 months ago . Later on , petitioner and his family members started subjecting her to torture and harassment for non-fulfillment of demand of dowry and on 25.04.2021 accused persons killed her and absconded from the house .

4. Learned counsel appearing for the petitioner, while denying the allegation, submits that the petitioner has falsely been implicated in this case because petitioner is husband of of

Patna High Court CR. MISC. No.63735 of 2024(3) dt.07-02-2025 2/2 the deceased. Informant is not an eye witness and only a suspicion has been raised against this petitioner. As a matter of fact, daughter of informant was ill and during course of treatment she died. Petitioner is in custody since 29.06.2024 . 5 . Learned counsel for the State opposes 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-fulfilment of dowry demand. As per post-mortem report, cause of death is asphyxia as throttling (palmar strangulation) and anti-mortem injury were also found on the body of deceased. The deceased died in unnatural circumstances within a year of marriage in her matrimonial house .

6. Considering the nature of accusation and the fact that deceased died in unnatural condition within a year of marriage in her in-laws house , prayer for regular bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Koushik/- U T