Patna High CourtCR. MISC./59822/2024bail rejected

Nageshwar Ram @ Nagesh Kumar v. The State Of Bihar

2024-09-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59822 of 2024 Arising Out of PS. Case No.-846 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Nageshwar Ram @ Nagesh Kumar Son of Bindeshwar Ram @ Vindshwar Ram Village- Maksudpur, P.s.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahua P.S. Case No. 846 of 2023 dated 26.12.2023 registered for the offence punishable u/ss 302, 201 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's sister to death due to non-fulfillment of demand of Rs. 5,00,000/- as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The

Patna High Court CR. MISC. No.59822 of 2024(2) dt.05-09-2024 2/2 petitioner neither demanded any dowry nor tortured the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased who committed murder due to non-fulfillment of demand of dowry. The impugned order dated 08.07.2024 does show that the charge sheet has been submitted.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Mahua P.S. Case No. 846 of 2023 pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur.

7. The application stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T