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Patna High CourtCR. MISC./3573/2019bail rejected

Abhishek Das v. The State Of Bihar

2019-02-28Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3573 of 2019 Arising Out of PS. Case No.-587 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Abhishek Das s/o Yogendra Ram @ Yogendra Das R/o Mohalla- Imamganj, Dhobighat, P.S-Town, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner, who is the husband, has been in custody since 10.08.2018 in connection with Muzaffarpur Town P.S. Case No. 587/2018 registered for the offence punishable under Section 498-A, 307, 236 of I.P.C. and Section 4 of the Dowry Prohibition Act. Subsequently, chargesheet submitted under Section 323/34, 498-A, 307, 326, 304B of the Indian Penal Code.

The allegations in the F.I.R. prima facie show that there had been a demand for dowry and, thereafter, the victim lady died within seven years of marriage.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.3573 of 2019(3) dt.28-02-2019 2/2 allegation with regard to the demand for dowry is on the parents of the petitioner and not this petitioner and, thereafter, he may be extended the privilege of bail. However, the acts of torture which have been alleged in the F.I.R., are attributed purely to the petitioner as he is said to have beaten her up periodically which led to her death.

It is, accordingly, rejected.

(Anjana Mishra, J) Saif/- U T