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Patna High CourtCR. MISC./63365/2024bail rejected

Sujit Kumar @ Sujeet Kumar Singh v. The State Of Bihar

2024-11-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63365 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Sujit Kumar @ Sujeet Kumar Singh S/o Devan Mahto @ Dewan Mahto @ Devan Ram @ Chandra Shekhar Ram R/o Village - Malhipur, Sudiashtan, Tola- Sudi Asthan, Bihat, P.S Barauni, District Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Barauni P.S. Case no.485 of 2023 registered under sections 304B, 302, 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the daughter of the informant who was married to the petitioner herein was tortured for demand of dowry by way of Rs.3 lacs in cash and a bullet motorcycle. She was abused, assaulted and finally strangulated to death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No.63365 of 2024(4) dt.25-11-2024 2/2 being the husband of the deceased. It would be evident from the FIR itself that it was the petitioner who communicated about the death to the informant and it was subsequently that the FIR has been registered making false allegations. The petitioner is in custody since 17.9.2023. Charge has been framed in the learned trial Court and the petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the husbandpetitioner in the FIR wherein direct allegations of demand of dowry is made together with the contents of the post-mortem report wherein the cause of death is said to be asphyxia as a result of strangulation and charge having been framed in the learned trial Court on 24.9.2024, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T